The Montgomery advertiser., 1909-09-14
NO FEAR OF INVALIDITY Declare Judges Act Con-
 stitutionaL. LAWYER CANDIDATES TALK Say Report Comes for Political
 Reasons. M. H. Screws and John A. Fillmore, Candidates For Bench, Hold That Act Under which They Seek
 once Is Good.

Declaring that the rumor of the un- constftutionality of the act under which the judges of the Montgomery City Court are elected is circulated for political reasons. both M. H. Screws and John A Fillmore, two candidates for the position of Associate Judge. refuted, yesterday, the report.
 As to the report of unconstitutional- ity. MT. Screws said:
 T have no doubt that the offices of Judge and Associate Judge of the City Court of Montgomery will be vot- ed upon at the next general election for county offices for Montgomery County in 1910. as s.provided in the law making said Judgeshlps elective. nor have any doubt as to my nomination for one of the places at that time. think 1t very likely that this latter thought has intruded itself upon the minds of those gentlemen who have been so assiduously engaged in en- deavoring to find any technicality. however slight, as grounds upon which to keep the people of this coun- ty from voting on said offices as long as possible, nor that this thought has spurred their learned activities. Tn my opinion as to the certainty of election being held next year, am sustained by some of the best legal talent of Montgomery. some of whom are my supporters In the race, and some of whom are not. AS to the pri- mary and election for these offices be- ing held on schedule time. l can see now no reasonable doubt. The pre- text upon which 1t Is endeavored to prevent the people of Montgomery county from choosing their own off, cers, for the sake of argument. might,
 by some far stretch of construction.
 have some slight effect as to when the term of officers elected next year will begin. do not believe that 1t will have any effect as to the term of offices, but feel certain at least that the primary and election for the of- fees in question win undoubtedly De
 held in 1910.
 "It is a recognized fact that the people of Montgomery County are liv- ing under a system of Jaws which do
 not meet their appreciation. But I am loath to believe that the time has
 come when juggling of legislative phrases will prevent them from se- lecting county officers for this county
 of their own choosing. Measures may
 be forced upon them, but I believe
 that they will have opportunity to choose their own public servants.
 "Ths only contention in Sundays statement worthy of notice is that the title to the bill in question was not broad enough to cover the matters contained therein. This assuredly leaves the mandate for these officss at the general election in the year 1 1910. which is expressly covered by the title of full force and vitality. Mir. Screws quoted authority on the nuaetion as to whether tho title 's broad enough to cover the other mat
 for mentioned in the act and the con- struction thereon by the Supreme Court.
 for the bench of the Montgomery CitS Court, said:
 "I am not in the least worried over the contention that the act making the judges of the city court of Mont Somery election Is unconstitutional
 "Of course if one desires to try to retain the office upon alleged techni- cality, that is not my concern.
 Learned lawyers passed upon this act. and declared It valid before became a candidate for the position and I shall continue to seek to be elected by the people to the position of associate judge of the city court oi Montgomery. prefer being elected to the judgship of this court by the Denocrats of Montgomery county than to hold it on an alleged techni- cality."