The Birmingham age-herald., 1915-10-11
Circuit Court For Every County

Circuit Court For Every County The consolidated court bill. in the first paragraph, provides a circuit court wi. h all the jurisdiction and powers that are conferred on the circuit court by the constitution and laws of the state for every county in the state. This includes Lee and Marengo counties and how any body could read that section and say tha. Lee and Marengo are left without courts or competent Jurisdiction is beyond my comprehension.
 Section of the same bill confers on the circuit courts the Jurisdiction in equity cases. Section transfers all papers from all the other courts to the circuit cour. and provides for the transfer of all causes therein pending
 ''The constitution of the state provides for a court of the Jurisdiction of the cir cult and chancery courts in every county of the state, and these two provisions of the consolidated court bill carry out the mandate of the constitution
 "The act of the legislature to regula; ; e proceedings in the circuit courts of the several counties of the state provides and fixes the terms of all the courts provid- ing specifically that all of them shall re- main open for business from the first Monday in January to the last Saturday ! of June of every year. and from the first | Monday after the Fourth of July to the last Saturday before Christmas day of l every year.
 Section of that act provides that the circuit judge, the supernumerary judge or the chief justice of the supreme court of Alabama may fix the calendars and must provide for at least two calls during a .xp 4 act provides for the issuance of executions and of other process and otherwise makes the law effective
 Number of Judges
 By another act of the legislature. en- titled, An act to prescribe number of judges of the circuit court etc., 1t is provided for the election of 10 judges in the Tenth circuit, three judges for the Thirteenth circuit, two judges for the Fifteenth circuit, two judges for the Six teenth circuit, two judges for the Four teenth circuit. two judges for the Sixth circuit and one judge for every other circuit in the state, all of whom shall hold office for the term of six years Ac- cording to my count, including the super- numerary judge, this would give to the state of Alabama. with d population of little more than 2000. GOO people, 3S nisi- prlus judges. This is a greater number
 
 are in the state of Georgia with a greater population and twice as many counties as we have.
 Another law auohtrizes, empowers and directs the chief justice to so arrange the work of the judiciary as that no con- gestion of business will take place in any circuit, and for this purpose he is fur nished secretary to keep him advised as to the condition of the various dockets It Is contended by many lawyers that un- der these laws Lee and Marengo counties would each be a separate circuit without number and under the constitution and tatutes above referred to would each be entitled to a circuit judge. Upon this question do not hazard an opinion, but whether 1t is true or not. there is no lack of judges to transact the business and 1t will be an easy matter for the chief justice, in case there are no resi- dent judges in these two counties, to des- ignate the supernumerary judge to take charge of the courts in these two coun- ties.
 Tn addition to this, under the general law the governor has ample power to appoint temporary judges when they are needed for the purpose of transacting the business of the courts
 Provisions For Solicitors
 ''The solicitors bill provides. in section 2, for the election, in November 1918, of a solicitor for every judicial circuit in the state. and other sections of the billl pro- vide ample assistance for such solicitors in counties having moro than three judges and, in addition thereto, an as- sistant solicitor in every county of the state. My observation, as a practicing lawyer. has been that 1t Is not necessary, for the general run of criminal practice, that the ablest lawyers should be re- tained as solicitors and in the majority of cases in Alabama the positions of solic- itor have in the past been filled by young men who readily adapt themselves to that character of practice. and cannot be- lieve that the interest of the state will suffer by reason of any lack of prosecut- ing attorneys. But should there be oc- | casion for additional prosecuting counsel, | tho legislature has provided, by another bill. that the attorney general, with the | approval of the governor, or the gover- | nor himself, may employ counsel to rep l resent the state who will be an assistant l to the attorney general and who will hold a commission issued by the secre- l tary of state.
 aIn addition to the above. ample laws | have been passed by the legislature | transferring the jurisdiction of every | kind to the different circuit courts, and. | in addition thereto, they have created a county court in every county and many | courts of inferior jurisdiction to take care l of the petty legal business of the state. 1
 'It was gefsSraily conceded in the last | campaign that We had too many courts: l 1t needed reform. and that we were pay tion of justice in Alabama. and the gov aryaS,r ov, ovary sfrrvr1p S,royofao6 bo v,a,-