The Birmingham age-herald., 1914-08-30
Clerk Troy Declares That Others Are Responsible
 for Its Creation
STATES THAT CARDS
 ARE NOT "DEFENSES"
Another Interesting Chapter in Disp sention on Alabama's Unwieldly Judicial System-The Courts
 Clerk Is Confident
Ky HUGH w. ROBERTS


 If the legislature should strike down the court of appeals, it would be result of no lack of attention on the part of Alexander Troy clerk of that court.
 Sometime ago MT. Troy issued what was generally considered defense of the court Today he published re- ply to special article printed Au- gust 17 by The Age Herald, in which the word defense" was used to char acterize his original publication. In the main, Mir. Troy agrees that what was said by The Age-Hcralds special writer was true and accurate especially q statement in which 1t was declared that much of the antagonism to the court was due to the fact that | 1t was created by the present chief ex- ecutive. It unfortunately happens that MT. Troy deems it necessary to prove that the governor is not wholly re- sponsible.
 NIr. Troy in part says:
 The Clerks Reply
 With your kind permission, l will use some space in your valuable paper to make reply to an article on the court
 
 | in your issue of August IT. While the statements made bv Mir Roberts arc in the main fair and just especially when he says the reasons advanced for the attack on the court are nebuous.' still would not have the Idea con Veyed by his article that my circular letter of August written in de- | fense of the court to go unchallenged. l have not thought, nor do think now. that the court needs any defense, or that 1t Is now. or ever has been. in t particle of danger of being abolished. The reasons for the letter are stated in it which were to correct much nfor- nation about the court which had 1 been volunteered to the public by lpersons for reasons and motives best known to them, or through ignorance
 ''The thousands of copies of my cir- cular letter which 1 am charged witl having sent to everybody, as matter of fact, capable of welding influence. must dwindle like Falstaff's II men in buckram to two. when l say that only purchased 1000 letter heads and many of the sheets we're spoiled on the lnul tigraph machine. This, however Is q matter of small moment. and ] will now proceed to give some attention to that material statement by Mr. Rob erts that others are antagonstic etp the court of appeals) because it was created during the administration of the present governor, and filled with Justices by hiss appointment. l believe this statement to be absolutely correct, Governor Not Responsible However, before 1 will believe that 7 any man filling the high office of legislator would vote to strike down Ian important and needed court through malice spite toward Governor ! O'Neal, l will have to be shown. But what are the facts In reference to the governors connection with this courti j It is true he approved the bill cre- ating the court and appointed the judges composing it. This was his duty as governor, and, as the court has re- flected credit on his administration, Is it any canse for wonder that he should feel very partial to it2 But Governor ONeal is not at all responsible for the creation of the court of appeals E and 1t is nothing short of an injustice ' Ito him. as well as to the court, to vislt } any i'll will felt toward him on the 1 court. l therefore trust that that part B of the opposition to the court based { on antagonism to him. will cease.' z Proves His Contention Q In following paragraphs. Mir. Troy l declares that the act under which the c jcourt was created is practically identR h cal with that reported by Joseph H. y Nathan of Sheffield, to the Alabama . State Bar association in 1910. and as lif this utteranee was not sufficient { proof that the governor is not responsi- : t ble for the court. he proceeds to quote : copiously from records of the bar as- t; sociation. He conclusively proves from e statements of well known lawyers who
 attended that session of the associa- tion that they, too, are as much #
 not more responsible for the court than : the governor s The remainder of the lettei--whlch 10 :, omitted with the sanction of the au- :, thor---is taken up in what this writex U considers d second defense of the court | of which MT. Troy is clerk. Mir. Troy 2 is an excellent gentleman, this writer :, believes and anything which comes from him should be given prominence in the press. The Age-Herald hne
 never criticised the appellate or any Iother court It has reported. however' Il that there Is opposition to the cOuttn>