The Montgomery advertiser., 1909-01-26
Supreme Court Vacancy Reported. -- STRONGLY DENIES THAT
 SUCH ACTION IS TAKEN Rumor Based on Alleged Platter ing Offer to Practice. 
 - /. ' This Taken With Knowledge of Ex- acnse of Another Primary Makes Ground of Predictien--sel-
 heimer Mentioned.

The reported prospective resignation
 of Chief Justice John Tyson, of the
 Alabama Supreme Court originating
 from, nobody knew where. was an ab- sorbing topic of gossip in professional.
 political and State Capitol circles Mon-
 day. Judge Tyson. when approached
 on the subject of the rumor regretted
 that 1t had been circulated and de-
 elared that he had not resigned and
 that any official action he might take
 would be made at the proper time and
 announced In proper way. ' It was taken for granted among many of Monutgomery's professional
 men that there was nfodicum of truth
 in the report, in that 1t was probably
 Ing leaving the arduous duties of his
 office and resuming a practice which
 would pay more than his salary as chief justice. The prospective resig-
 nation, it\was admitted was based en- tirely upon professional and personal
 reasons. The work of the office has
 been arduous. It was known to the, Montgomery lawyers, as well as to the
 State officials that the chief Justice
 was hard and conscientious worker and that some of his friends suspect
 cd, that strong man as he is, he Is everlasting his streneth in the labor he put into the discharge of his du- ties.
 It was said furthermore that a ten- tative offer of remuneratIve connec- ton in the practice of law in Mont l gomery had been offered Judge Tyson and that while he had not decided on his course, he was nevertheless con sidering the hattering financial propo- sition that had been made him. Judge Tyson Is not a wealthy man. His most active and fruitful years have ! been spent on the Alabama bench. These services have been rendered with dis tinctfon. but they did not bring the nnanctaf returns that would have come, had he devoted the same ability and the same energy to the practice of the law. The necessary and Legitimate expenses of race in the primary as l now required by the rules of the Dem ocratic Party are very heavy A man an public life, even g judge, has moro charitable demands made upon him, than If he were q private citizen. and they are harder to deny. It has been an accepted truth among Ala 6ama lawyers that no man could un- der existing conditions in. as a Judge save any kind of fortune from his salary. fa
 Those who discussed the report Mon- day and who were familiar with con ditions were willing to believe that Judge Tyson was considering return ing to the practice of the law becauae he believed that in his strongest and most efficient days he should lay by the competence that was impossible for q judge to accumulate.
 It was said. too, that Judge Tyson was overtaxing his strength in his too arduous discharge of his present du- ties and that he should fay them aside before they should ultimately affect his health.
 It is certain. in contradiction of one of the rumors that Judge Tyson has not resigned. It fig certain, too. tnaf he has not expressed his intention or resiEntnR. although. in view of the Ilattering offers made him he may have been considering 1t. He made this clear yesterday when he depreeated the reports and said that if he had re- signed. the record of the resignation would be found in the Governors of- flee.
 Judge Tyson has been a member of | the Alabama Judicary since 1892 when | he was elected Judge of the Second | Judicial Circuit. He continued in | this capacity until 1898 when he was 1 elected Associate Justice of the Su- | preme Court. In 1906 he was chosen | in general primary Chief Justice of | the Supreme Court and he has more | than two years of his term remaining. |
 Not content with this gossip, those | interested yesterday discussed even tualities. if Judge Tyson should decide to offer his resignation. Among the | well informed 1t was believed that in | such an event Governor Conner would | choose a member of the present court | for promotion to Chief Justice. The | possibility of his naming Judge | Weakley who has been so closely iden- tifed with the legal affairs of the administration a was dfEcusRed hut | among thoses who assumed to know there appeared a conviction that c in the court was more than likely. .
 This would open a vacancy to be filled by the Governor and it was rec- ognized that some prominent lawyer who had been friendly to the admlniH *ration would get the vacancy. And the name most mentioned was that of Henry c. Selheimer, whose quallfca- tions for the honor are admitted by all.