The Birmingham age-herald., 1915-10-05
GOVERNORS ACTION WIDELY DISCUSSED
 TOPIC AT CAPITAL
Montgomery County Is Left Without Solicitor, But At tOrney General Has Au- thority to Designate One
Nv l.. q. RETTy

Montgomery, October 1. tSpeclal) | What effect win Governor Henderson's veto of the recircuiting bill have on the Judiciary system of the state? Win 1t necessitate an extra session of the leg islature before January l. 1917, in order that additional court machinery may be provided. or will 1t result. as the govern or believes, and has been advised In the continued and unhampered administration of law in the state with an annual saw ing of something like s45.OOo?
 These are questions which puzzled every lawyer at the capitol today, which aroused an endless amount of specula- tion, and which have not yet been an- swered
 Several prominent attorneys, including members of the legislature asserted that, in their opinion the governors veto of the bill would cause serious complica- tions in the judiciary system of the state. They made this statement upon the ground that the elimination of the bill from the system left certain counties of the state entirely without means of administering the law.
 Tunstall Gravely Apprehensive
 For example, 1t was pointed out by Representative Tnnstall of Hale, one of the best informed members of the re- cent legislature. that the defeat of the hll leaves the counties of Marengo and Lee without any court of circuit iurIsdfc- { ton, which Is violative of the constitu- ton. -
 Neither Marengo nor Lee county was n tt<.s 1.nl It system, both administering their lava under the Jurisdiction conferred ny fhe law and equity court. However. the con- solidating court bill as Is known. abol- ished all law and equity courts. AS well as chancery and city courts. and con- ferred their powers and Jurisdiction upon circuit courts
 But irasmuch as Lee and Marengo coun- ties had no circuit court to take over the jurisdiction of their law and equity court, and as neither county is attached to any judicial circuit 1t Is claimed that both of these counties are left without a court other than the county court. in which only misdemeanor cases may be tried.
 May Cause Complications
 Tt Is my opinion that the veto of the recircuting bill by Governor Henderson will cause serious complications in our judiciary system. MT. Tunstall told The ABe-heIalu correspondent. Ine consul tuition expressly provides that circuit court. or a court having the Jurisdiction of a circuit court shall be held in every county of the state
 Neither Marengo nor Lee county has been attached to any circuit and both have been operating under their law and equity court. The consolidating court bill abolishes this court. hence, as see the situation. neither of these coun- ties has any machinery for the proper administration of law"
 In the opinion of Judge A. II. Al- ston of Clayton. supernumerary judge, the defeat of the recircuiting bill leaves the situation very much as de- scribed by MT. Tunstall. Judge Alston told The Age-Herald reporter that he had not had time to study the various court bills passed but that. at first blush, 1t was his belief that the gov ernor would be compelled to call a spe- cia1 session of the legislature.
 Other lawyers expressed similar opin- ions, though none admitted that he had made careful and thorough study of the situation. They all asserted that grave and serious complications might arise. ~s1 many expressed that belief, but none was prepared to admit that there might not be some loophole through which the situation might be clarified. But none knew of such method of escape. It was the opinion of all who were interviewed that grave complications in the Judiciary system of the state will inevitably result.
 Montgomery Solicitor Abolished
 Another question which has arisen as a result of the governors veto has
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