The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1915-06-18
NEW CIRCUIT COURT
ACT WILL Be TESTED
In Supreme Court to Deter
mine its Validity.

Quo warranto proceedings werefled
in the Supreme Court at Tallahassee
last Monday by Attorney General
West to test the validity of the act
of the legislature creating the Fourth
and Twelfth judicial circuits, and the
authority by which S. J. Hilburn and
]. Turner Butler hold their appoint
ments as judges of the respective cir
cults.
Judge Butler is in Tallahassee in
the interest of the suit and said that
he desires the matter to be tried out
in the courts as soon as possible, and
before he makes any official orders.
Judge Hilburn will not be present
when the case is argued, though he
has interest in the result of the suit.
He will be represented before the Su-
preme Court bv Attorney P. H. Odom
of Jacksonville.
Some of the allegations set up in
the petition filed by the attorney gen.
eral are as follows:
At the time J. Turner Butler was
appointed circuit Judge of the Twelfth
judicial circuit, George Couper Gibbs
was and still is circuit Judge for said
Twelfth circuit, if the provisions of
the act creating such Twelfth judicial
circuit then were, and are, constitu-
tional and not contrary to the consti-
tuition of the state of Florida, and
that by the said appointment of j.
Turner Butler as judge of the Twelfth
circuit in addition to the said George
Couper Gibbs, who was then and had
been before and still is, the circuit
Judge of the Twelfth circuit, if there
is any Twelfth circuit under the con-
stitution, and by the appointment Of
j. Turner Butler to make and consti-
tute him second circuit judge in and
for said alleged Twelfth circuit, and
thereby to make and cause to be, two
circuit judges in and for said alleged
Twelfth circuit But under the con-
stitution there can be but one Circuit
Judge for any judicial circuit of the
state of Florida, and there can be but
one circuit judge for said alleged
Twelfth circuit. That under the con-
stitution of Florida, it is provided
that there shall be a circuit judge for
Duval county in addition to the cir
cult Judge for the circuit in which
said county is situated, and that at
the time the said attempted appoint
men of J. Turner Butler as circuit
Judge of the Twelfth circuit was made,
Daniel A. Simmons was and is such
circuit judge of the circuit court of
Duval county.
That the appointment of j. Turner
Butler was contrary to and in viola
ton of the constitution of the state
of Florida, and the use and exercise
by said J. Ttrner Butler of the office
functions and powers of circuit
Judge of the Twelfth circuit is with
out warrant of law.
George Couper Gibbs heretofore
was duly commissioned.
That Daniel A. Simmons was duly
qualified and commissioned, and that
under the constitution no other judges
residing in Duval county than these
two, whether said Duval county be in
the Fourth of the Twelfth circuit.
The allegations set up in the petit
ton in the proceedings against S. ],
Hilburn are materially along the
same lines. The cases will be set
down for oral argument possibly this
week, and the matters passed upon
by the court within the next week or
two, as to the legality of the act cre-
aitng the two iudgeships, and the au-
thority by which Messrs. Hilburn and
Butler hold their appointments.