The Birmingham age-herald., 1909-02-02
s. ], WEAKLEY MAY BE CHIEF JUSTICE Or Garber May Be Moved Up
 to Bench THOMAS ON PROHIBITION Delivers Strong Charge on Law Vio- lations To Montgomery Grand Jury-cat That Bit Stroud
 Had Rabbies.
THOMAS ON PROHIBITION

Montgomery. February 1.-(Special)- The talk at the state house and about the Capital City runs to former Chief Justice s. D. Weal1ley as the man to be appointed chief justice to succeed John R. Tyson, who retires from the court this week. It may be said that prac- tically every man feels that if he desires the place he may have it. This is based on the fact that he is a favorite of Gov B. B. Conner, is an experienced man and as absolutely certain to win in an cleo tion as anything is certain before pri- mary
 It is regarded by well-posted men that Judge Weakey has no intention to run for governor, though it is generally believed that Governor Conner would be very glad to have him do so. In that event, men say that the logical thing to do would be to put him in the position of chief justice and in a manner settle the status of the situation for the balance of this and all of next term. So well fixed is this belief that nine men out of every 10 will agree with it.
 There is, however. speculation in great volume on the possibility of one of the members of the court being advanced In that case this is suggested: The governor might appoint Col A. M. Garber attorney general, to the vacancy. and put H. c. Selheimer in the place of attorney gen eral In any event there is a lot of talk about Colonel Garber going up, though there are not many who believe that MT. Selheimer would take the position of att torney general, place requiring a lot of hard work and paying mighty poor wages for a good lawyer such as is re- qured to hand out the results in the way they should be handed out.
 The belief is general here that Judge Weal1ley has finally made up his mind not to run for governor. and that he is go- ing to try for the place of chief justice, with every assurance of success. As result it appears to be a safe bet in fact the one best bet, that the Birmingham lawyer, aforetime at the head of the court will soon have the toga of Ala bama chief justice again, and have also an outlook for permancy in the job that is worth something itself. If this is not the dope, then there are many good lawyers who will be in line for the vacancy that a promotion would bring about. Cover nor Conner is in Birmingham and will be much of the week, and he is likely to an- nounce the appointment from that place. as he did that of chief mine inspector to- day.
 Thomas on Prohibition. Judge William H. Thomas of the city court of Montgomery in a charge to the present grand jury on Monday said: "A community has gone a long way toward anarchy if 1t refuses to obey a statute, if citizens who are respected do not ex- pose crime, if they know it, or If any class of individuals defy the statutes" Also: ''The prohibition law Is just like any other law and should be enforced. We cannot fool anybody. If 1t is en- forced all the world will know it; if it is not enforced all the world will know, even though the knowledge may not be such that a grand jury could act upon. I mean by this to say that we need not try to excuse ourselves or to fool ourselves about this new duty the law exacts of us as officials, as jurors, as witnesses or as citizens
 Also: "The enforcement of the law Is political obligation that every citizen
 
 state and you, as Jurors, are just as much officials of the state and county as the solicitor or sheriff or judge of the court"
 Old Man Drops Dead.
 Isaac Lemle, an old merchant, who made fortune and retired, dropped dead on the sidewalk on South Court street Monday morning. He was GA years of age and had been suffering from heart trouble. He was a bachelor.
 Supreme Court.
 The supreme court is hearing cases from the Eighth division, composed of the counties of Colbert, Franklin, Jack son. Lauderdale, Lawrence, Limestone, Madison. Marshall and Morgan. Many important cases are slated to come down this week, among them several prohib- ton controversies
 Railroad Commission.
 There was no session of the railroad commission Monday, resultant upon the failure to have anything docketed. Pres ident Henderson was the only member here. He and Secretary Kennedy spent a while talking over routine and set