The Birmingham age-herald., 1912-12-05

Justice Peters said the men who wer now seated in the recognized 1egislatur had elected Bingham. The court could TO go behind their action in the election O the state printer
 Jrstiee saffold, in dissent held tha
 while bare majority of members sat ii
 the court room and organized as legis
 latere that circumstance did not in itsel
 constitute a legislature A legislator must possess all the powers to which it ii
 entitled. Tn ecourt room legislature nevel
 was competent to legislate where a two thirds majority was necessary.
 Would it be contended that a bare ma
 jority could open house anywhere with l in Ire capital of the state and pass {
 resolution expelling the minority? Inc
 rule vas the minority must be wilfulls absent before the majority could act |:
 the case before the court the minority was absent because they did not believe tho
 majority had a right to convene. TLe majority court room legislature made nc attempt to est the minority capitol leg islature and compel their attendance
 The legislature acknowledged by all had | tACh ltCH III ScSSlOH at the CdpltOl TUT q month. Nothing had been done to vaii- date tEe claims of the body that ad elected Bingham to succeed Screws On the contrary, two senators, Dereen from Marengo and Miller from Butler, had sub- mitted their claims to seats to a contest Screws was :, native of the state and , had fought the war through from first to last. Bingham located in Talladega from the north and was mechanic. He joined The radical. carpctbag element promptly and remained with it, an active factor it | all it's operations.
 l Hunter, carpethageer from LownGes had assisted to re-elect Senator Spencer in tn ,ecourtroom legislature, on the promise that he should receive the consulship to a port in Egypt. The expected rewn I'd failed. Hunter prepared his revenge Robert Knox was circuit solicitor, young man of talent a native of Montgomery, who lad joined hands with the radicals. The solicitor moved the court, James O. smith presiding. to .mpanel special grand jury to investigate felonies of an az gravated character This was well known to be blow at Spencer. The special grand jury was immediately ordered Next day as the members of the legis- lature were assembling at the capitol news was spread that several would be sun moned to appear to testify before the jury or their knowledge of the origin and ure of the large fund Spencer had distrib- uted ending his election.
 Speaker Parsons called the house to or der on this February Il, 1873, and the mo- ment the roll call was completed McAfee, scalawag, from Talladega, moved an ad- journment. Hunter from Lowndes object ed. He insisted that the day had arrived when the act of Congress required the legislature to proceed with the choice of a United States senator. The speaker called the member from Lowndes to or der. The member from Lowndes argued that the speaker had no right to interfere. He continued to argue along this line vio- 1ently. He appealed from the ruling but the chair refused to put the question. The speaker ordered the sergeant at arms to deliver Mir William H. Hunter at the bar of the house. Here Stone, Manning, An derson and other democrats of standing at the bar protested against the order The house alone could put member un- der arrest. The rebellous member was released on condition that next day he should read a statement in writing ex- planatory of his conduct. Laddie Will Hams. negro, from Montgomery, bitterly denounced the lenency toward Hunter. He would have the limit of punishment in- hicted on him.
 Solicitor Knox pursued his part zeal
 
 tol to summon Speaker Parsons before the special grand jury. Thereupon the speak CT was called privately to meet the sheriff
 in the rotunda. The house seeing this, ordered the solicitor. the clerk of the court and the sheriff under arrest, to ap- pear at the bar of the house.
 Spencer received his commission from Governor Lewis and took his seat Fran cis ". Sykes of Lawrence had been se- lected for the seat by the capitol legisla- ture before the fusion. The democrats employed Gen. John T. Morgan to sup port Sykes claim before the senate com mittee, but without avail. The investga- tion was long drawn out and the published proceeding make the best authentic rec ord of the argument against the validity of the court room legislature.
 The attorney generals legislature pro- longed it's session until April 29. 1873. The acts of general importance were few. One of permanent good was in the election of pr. Eugene A. Smith to be state geo.ogist. Most of the time was spent in bickerings among the radical members. The cost of the session was s10000O. The sum includ- ed the cost of the two rival legislatures during their sessions.
 The general election law was revised and the alterations were favorable to democratic success at the polls.
 There was a short session of this leg islature from November, 1873, to the 18th day of the next month.
 Governor Lewis message confessed the bankruptcy of the state. He had ap- proved the court room legislatures issue of $2,000,000 per cent long time bonds, but had been unable to market any. The leading daily papers had consistently warned Wall street against the issue. The fusion legislature had authorized an is- sue of $1,500 900 bonds that he could not market. The public school system was in deplorable condition. Joseph H. Speed of Perry was superintendent, scalawag. The senate committee that investigated his administration reported through Sem ator J. NJ. Carmichael: '.The committee has made but a cursory examination of the general management of the depart ment, yet it has been sufficient to con vince them that there is such want of system in it's general management as must necessarily keep it involved in ex- tricabe confusion'
 | At the first session of the fusion legis- lature the governor sent in message asking that the $10,000 contingent fund al- lowed the executive should be increased. An examination of the items of expend- | ture showed that considerable aggregate in drafts on that fund had been made, carrying only the indorsement of the pri- vate secretary. Former Governor Smith had been paid from 1t $500 to make a trip | to Georgia. Governor Lewis himself had drawn from it $500 for travelling expenses. Acting Private Secretary Atkinson had | received $16O0 to defray his expenses in | the distribution of United States bacon to | farmers, ostensbly those who had suf- | fered by floods. The governor was so pleased by Atkinsons efficiency, much of | 1t devoted to feeding negroes who lived cI~. <l,o hot Ia .J