The Birmingham age-herald., 1915-10-09
WIDE DIVERSITY OF OPINION SHOWN ON STATUS OF COURTS Governors Secretary Only Smiles at Suggestions for Need of Extra Session WELSH CALLS ACT
 PUBLIC CALAMITY Contends, However, That Bessemer Will Not Be Deprived of Court as
 Result of Governor Hen
 dersOn's Veto

What will be the effect of the governors
 veto attached to the reeircuiting bill2
 Certain able gentlemen of the legisla-
 ture have been quoted as having said
 that an extraordinary session is manda-
 tory. Representative Welsh of Jefferson
 declared yesterday that the governors
 action was little short of a public calamity.
 He also said that as result of the veto, Lee and Marengo counties are with out courts.
 Senator Judge of Jefferson states that the situation as & result of the veto is probably improvement over the situation which was about to be precpi tated. Representative Brindley of Eto- wah, visiting Birmingham yesterday, de- clared that Mir welsh was in error. and that despite the veto of the governor. Lee and Marengo will be adequately caIe ed for.
 Extra Session? Nay w. l.. Henderson, private secretary to Governor Henderson. while visiting Bt- rmingham yesterday. declared that Gov ernor Henderson had excellent legal ad- vice before vetoing the recircuitins bill Asked respecting an extra ordinary ses sion, he smiled. That smile was inter preted to mean however, that there will
 
 the governor Is governor.
 Since the veto of the governor said Mir. Brindley, when interviewed con siderable comment has been made in the papers respecting Lee and Marengo coun- l ties and the statement has been made that these counties are left without any | court whatsoever. That statement is er- roneous.
 "Section 1 of the consolidated court bill provides a circuit court In every county | of the state. Lee will have a circuit court; Marengo will have a circuit court | Neither. however. as a result of the death | of the recircuitng bill is attached to a | judicial circuit, and no time is prescribed | by law for holding court therein. That can be remedied, however, to great ex- | ten. because the chief justice has au- thority under another bill to order a ses- | sion of court in any county by any judge | whenever he thinks it advisable. The statement of Representative Welsh that
 Narengo and Lee have no courts is err | Ioneous. For the consolidated court bill.
 as stated, provides circuit court for | those counties"
 | Welsh Stands Pat | Mfr. Welsh, in a formal interview. de- sla res that the consolidated court bill 1 is of doubtful constitutionality. He con- | tcrds, too, that Bessemer. despite state-
 ments to the contrary. will still possess | It's court. lie IS quoted:
 1 "rhe recent statements in the press | to the effect that Governor Henderson s veto of the recircuitng bill would deprive | Bessemer of a court is clearly mistake. | In the first place, the consolidated court
 bill is of doubtful constltutionality In | the second place. the consolidated court ! bill itself expressly provides that a cir cult court shall be held at each place
 where a court of record Is authorized to
 he held on the 3lst day of December, | 1916.
 The Bessemer city court is not abol- l ished until the first Monday after the ! second Tuesday in January, 1917. There | fore according to the very terms of the | legsa ton touching the situation the city court of Bessemer Is authorized to be | held at Bessemer on the 3l st day of De- cember. 1916 It necessarily follows that
 the circuit court of Jefferson county will | in addition to being held at Birmingham,
 be held at Bessemer. Furthermore, the act providing for the number of judges | in the various circuits of this state pro- vides for one of the circuit judges of this circuit at Bessemer. As l see 1t no con- | struction of the acts in question can de- prive Bessemer of court.
 '1 do think that the veto of the recir-
 cutting bill was but little short of a pub ! lie calamity, and l am sure that Gov
 ernor Henderson was led into the error | by advice on which he thought he could
 safely rely. As I stated the other day
 the law as it now stands deprves both Marengo and Lee counties of a circuit court It also deprives Montgomery coun- | ty of a solicitor. Furthermore, it will | be utterly impossible for the circuit judges to try the litigation before the courts Another point that has not to my
 knowledge been mentioned by any one
 who has made a statement is that the
 reclrcuiting bill provided the court cal endar for all the counties of the state. | Long delay before trial has been the
 chief cause for this criticism that has 1 in recent years been made of our courts.
 The recircuiting bill provided that all of | the circuit courts of the state. should be open all of the time and that judge could hold court in any county of the state
 at any time when the business demanded lit. This in my judgment was one of the best parts of the whole judicial system
 proposed by the recess judiciary commit tee"