The Birmingham age-herald., 1915-10-10
MUDD[E CAUSED BY !. RECIRCU|T|NG BILL AROUSES LAWYERS Recalls Controversies While Judiciary Committee Was at Work Last Summer MINORITY REPORT
 AGAINST MEASURES Contended That Mistake Was Made in Passing the Consolidated
 Court Bill Ahead of
 the Others

tNCni COuueCltQ W1tn tHt WoTk Oi tiS recent legislature has created more comment
 It has served to focus the attention of the lawyers and the judges of the state upon the work of the recess Judiciary committee, and the opinions expressed by the different lawyers and judges are exceedingly interesting. The action of the governor serves to recall the joint recess committee on the judiciary and the bills reported to the legislature by that committee.
 It will be recalled that prior to the recess of the legislature on February Is the joint committee on the judiciary was appointed to consider the reorgan- ization and consolidation of the courts and all matters relative to the judicial system. It will be recalled that a short was composed of Senators Lusk, Lee and Miner of the senate, and Repre- sentatives Davis, Brindley, Blackwell, John and Thompson of Baldwin of the house. That committee spent the greater part of the recess investigat- ing all matters relating to the judicial system of the state and in preparing DlltS TOT luc TtOTSdHlldllOll Ol lIdt system. It will be recalled tha a short while before the legislature reassem bled on July Is rumors were afloat that the recess judiciary committee would not submit unanimous report and that the committee was not en- tirely harmonious in regard to the recommendations to be submitted
 Two Reports Predicted
 That rumor was given publicity In The ge-Herald and the prediction was made at the time that two reports would be submitted and that at least one member would submit a minority report. That prediction was verified when the legislature reconvened on July 13, at which time the report of the committee was submitted to the legislature, together with 6S bills which were introduced simultaneously in both the house and the senate. At the same time the minority report was submitted by Representative Brindley of Etowah county, in which he took issue with many of the recommenda- tions of the majority and severely criticized a number of the bills which were recommended by the majority At this time, it may not be amiss to criticism offered to the bills reported by the majority.
 The minority report stated that Of the multitude of bills recommended by the majority small number only met with the approval of the minority and that the greater number of the bills had been~too hastily prepared and were mere fragmentary efforts to remedy defects which were incident to any judicial system. The statement was further made that the majority had not correctly analysed the situation, but had exaggerated the importance of minor details and had failed to deal with the problem in its larger and broader sense. It was specifically charged that the work of the majority should have been embodied in one clear and comprehensive bill which should have been modelled after the federal judicial code. but that instead of draft ing one clear and comprehensive bill the purpose of which should be to con solidate the courts and at the same time provide sufficient machinery to insure complete and uniform judicial system for the entire state, the ma jority had lost itself in the considera- tion of disjointed details.
 One Section Seriously Criticized
 In the bill which was specifically in- tended to consolidate the courts and which was known as the consolidated court bill
 there was one section which was seriously criticized by the minority. That section provided that whenever an action at law
 is brought in the circuit court and the court adjudges that the defendant has
 good, equitable defense, the court may allow the equitable defense to be set
 up in the court of law. That section was
 seriously criticized by the minority be- cause 1t allowed equitable defenses to be
 set up in court of law and abolished in meas sure the distinction between Q court of equity and court of law. The bill containing that section passed the senate with practically no opposition, but section 5, which allowed equitable de-
 lenses to be set up in court Of law, was stricken cut. That bill was the first reported from the senate judiciary com mittee and the first bill to pass the sem ate and reach the house.
 It was reported favorably from the house judiciary committee and placed on the calendar before the bills providing the number of judges for the circuit court and providing for reclrcuiting of the state were reported from the senate judi ciary committee. When the consolidated court bill was called for passage in the house, Representative Brindley objected to its consideration and urged the house to postpone action on 1t until the re- circuiting bill had been disposed of. He called attention to the fact that if the consolidated court bill should be passed and become law all law and equity courts and chancery courts would be con- eolidated into the circuit court and that unless adequate provision was made for a sufficient number of judges of the circuit court a chaotic coalition would Hollow. This statement led to a sharp passage between Chairman Davis and Representative Brindley.
 Insist on Immediate Passage Chairman Davis vigorously insisted that | the consolidated court bill be immediately considered and passed and appealed to the house to pass 1t and made the state- ment that all the other reforms recom- mended by the joint judiciary committee were dependent upon the passage of the consolidated court bill, and he made the statement that Representative Brindley was objecting to the passage of the con- solidated court bill in an effort to de- feat the entire programme recommended by the joint Judiciary committee. MT. Brindley demanded to know of Chairman Davis If he was making that statement as fact. and Mir. Davis replied that he was merely expressing an opinion. MT. Brindley was equally emphatic in his statement that he was not trying to defeat the programme of the joint judiciary committee and stated frankly to the ho,so that ha xzyo,,ld not ~rx< A rx< ev, ct tba