The Montgomery advertiser., 1909-02-03
DECLINES THE
 APPOINTMENT Judge Weskiey Renders
 S .enlent. STAYS iTH RAILROAD CASES Ar t Certain Justice Dowdeli ls Will Be Elevated. Names of H. c. seIhesmer and Colonel Garber Most fromiaent Men-
 tioned for the
 vacancy.
STAYsp iTH RAILROAD CASES

Judge s. D. weakiey, of Birming- ham. yesterday declined the honor of Chief Justice of. the Supreme Court of Aiabsma. The reason assigned in the declination is his anxiety to remain in the railroad rate cases in which the State is interested
 The statement from Judge Weakiey comes from Birmingham where 1t IS supposed that Governor Conner, who is at. present attending private busi- ness in that city, acquainted Judge Weakley with his intention of naming him to the vacancy, caused by the resignation of Chief Justice John K. Tyson. Runor has stated that Judge Weakiey would be the first to be of fered the vacancy by the Governor. but until the denial was received yester- day afternoon. nothing but specuia- tion could be indulged in.
 With the dclination of Judge Weak ley, Capital gossip hinted strongly at the appointment of Justice Dowdeu to the seat, with Senator John A. Lusk associate justice for the remain der of the term vacated by Judge Ty- son.
 Thls rumor was nailed very early in the rounds by Section 69 of the
 
 that no senator or representative shall, during the term for which he shall have been elected, be. appointed to any office of profit under the state, which shaii have been created or the emoIuments of which have been iu- creased during such term, except such offices as may be filled by election by the people"
 It will be remembered that the last
 os- hn IoUfalQ tIlFpa raised the salaries of the justices from S3.e00 to t6.O00. Thus the ap- pointment of Senator Lusk would be out of the question.
 With the elevation of Justice Dow dell to the seat of Chief Justice, ana this seems to be the logical conclu- sion, as Justice Dowdell has been endorsed by his colleagues for the seat, there have been many names sug&ested for associate Justice
 Nmmea summe9fa4.
 The nast2pronitnen anong tho sug- Restions is the name Of H. e. Sel- heirner, 0f zsiffnlm8hAfns Mss Seibei- mer has been. aionS with Judge weak lev very much interested in the states litigation relative to the rail- roads. and it may be possible that he will decline the position of associate justice for the same reasons as Judge Weakley has assigned.
 Another name suggested for asso- cIate justice is that of Attorney Gem eral A. M. Garber. Mir. Garber has been most intimate with Governor Conner ana in charge of the railroad legis- lation. and also through other mat ters of the administration. It is said that the Attorney Generals friends have been urging upon him the mat ter of being candidate in case the position of an associate justice is to be filed with the elevation of Jus tice Dowdell.
 Further gossip has 1t that fin case Colonel Garber is appointed to the as- sociate justiceship. William 70. Fort, private secretary to Governor Conner, wIii be made Attorney General of the State. Mr. Fort, before his appoint ment as secretary to Governor Conner. was A member of the bar in Birn1ing- ham. and his friends claim that he has every qualification for the successor of Colonel Garber,
 eovernor Conner was yesterday in Birmingham. and no hint as to his appointment was given out from the CaDttol.