The Montgomery advertiser., 1908-05-19
EFFECT IN MOBlLE|
NEW CODE RESTORES POWER TO
 JUSTICES.
Provision in New Code Relating to Justices of the Peace Creates More Dissention-speclally Affects County ef
 Mobile,

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 The rather sweeping effect of the new Code on the Jurisdiction of the Jurisdiction of the Justices of the Peace throughout the State as inter- preted by the Attorney General last week is just now beginning to be felt The new law which went into effect May i, with the going into effect of the Code makes the Jurisdiction of these officers uniform all over Ala bama.
 Especially is the application felt in Mobile County. where by a special act some of the Justices of the Peace had been shorn of their criminal jurisdict- ion, It Is believed by lawyers con- suited in this city that Section 6733 of the new Code restores such juris- diction to the Justices of the Peace of Mobile. along with all the others.
 Heretofore. 1t is understood. the h. ferior Criminal Court of Mobile. had assumed that jurisdiction of criminal cases which the Justces of the Peace originally enjoyed. Section 6733 comes along, however, and seems to restore this power to the Justices of the Peace. After describing what criminal cases the Justices of the Peace may try. this section closes with the words: and all local or special laws In con Iict herewith are expressly repealed"
 Section e733 of the new Code reads as follows; Justices of the Peace have. in their respective counties, concur rentIv with the county courts, juris- diction of the following offensss: Vio- lations of Sunday. vagrancy, assaults. assaults and batteries. and affrays in which no stick or other weapon Is used: and when the value of the com modity which Is the subject of the crime does not exceed ten dollars, of larceny. whether at common law or by statute embezzlement and receiving stolen or embezzled goods knowing them to be stolen or embezzled; and for failure to work on public roads at- ter legal notice and of offenses for cruelty to animals and of public drunkenness and all local or special laws in conflict herewith are express ly repealed"
 The latter words according to the Attorney General supersede the force of Section 10 of the new Code which says that focal. private or special statutes are not repealed by this Code"
 It is believed that there are other instances where the new Code will cause the old criminal Jurisdiction in minor cases to be restored to the Jus tices of the Peace.
 The Supreme Court of Alabama will tomorrow take up the docket of the Eighth Division. the call having been continued from Monday on account of ing the Eighth Division are Colbert, Franklin, Jackson, Lauderdale. Law renee. Limestone. Madison. Marshall and Morgan.
 It now looks as # the court will sit in the hearing of the Eighth Division for only the remainder of the week as the docket for these counties Is nor nal.
 Pending the submission of briefs by the State in the case of Al Richter v. the States of Alabama, involving the prohibition indictments of Cullman County, the decision of the Supreme Court will be delayed for some time yet. This leaves the Cullman saloon dealers on the anxious seat They are still conducting open saloons in Gull man and Hancevi1le, 1t is understood
 The Cullman test is being looked to with no little interest as 1t involves renewed attack on the general prohib- ftion statute On the outcome of the decision depends the status of two hundred and more persons in Cullman, under indictment for violation of the prohibition law, Upon the outcome or the case depends also the status or some S2,40o of liquor license money which was paid in the beginning of January to the Probate Judge of Gull man County and which has now been passed into the State Treasury.
 If the defense of the Cullman appel lants fails before the Supreme Court 1t will mean a rather serious predic- ament for those saloon proprietors who have persisted in the sale of liquor af- ter January 1. 1908. when the law Is supposed to have gone into effect by virtue of the local option election held in Culiman County last December 9. At least they will fare i'll if the pro hibition forces see to it that second in- dictments are drawn as the judge has no discretion in the trial of second of lenses, being compelled to give the de- fendants the limit of the law.