Birmingham age-herald., 1895-06-15

"In a certain popular acceptation, the words civil office under this state might possibly be interpreted to mean state officers in the sense of participating di- rectly in the administration of the state government as such; but they are none the less civil officers under this state, be- cause their functions are confined to the local administration. The offices are created and the officers appointed, and their powers given and their duties de- fined and their salaries fixed, directly by act of the legislature. They exercise a share of the powers of civil govern ment and their authority comes directly from the state. They are to be con sdered as much civil officers under this state as the judge of court or the mayor of the city. They would be none the less so if appointed by the mayor, for they would still derive all their pow CTS from the act which creates the office. The mode of appointment is not mate rial" The facts of she present case do not require us to go so far as the Mis- souri court.
 Many authorities might be added if it were deemed necessary in line with those cited. A reading of the act estab- fishing the court leaves no doubt that the office of judge of the police court of Birmingham is "clVil office of profit under this state" The first section, among other things, declares that it shall have exclusive jurisdiction of all offenses against the bylaws and ordi- nances passed and ordained by the may or and aldermen of Birmingham within the territory now embraced in the police jurisdiction of said city, and of all mis- demeanors committed in precincts tWenty-one (2D and thirty-Seyen (3D in Jefferson county. except violations of the revenue laws of the state, of which offenses 1t shall not have Jurisdiction; and it shall also have the power to ex- anime all persons charged with felonies, and to commit the same to jail admit them to bail or discharge them. as the law and evidence in every case may re- quire--
 Sec. 9. Be it further enacted, That the judge of said court shall be elected by the general assembly, and to hold office for the term of four years, and until his successor is elected and quail fled. He shall be learned in the law and have resided in Jefferson county for one year next before his election, and must reside therein while in said office. Such judge shall have the power to admnis- ter oaths and take affidavits in all cases in which aifidavits are required by law, to take recognizances. admit to bail, approve bail bonds in or out of court, and do every act and issue every pro- cess, mesne or final, necessary to effect the due administration of the laws in the cases or offenses, jurisdiction of or pow CT over which are conferred by this act He may be impeached and removed from office for the same causes and in the same manner as circuit judges are impeached and removed he shall re- ceive annually the salary of $1500, to be paid in monthly installments out of the treasury of the mayor and aldermen of the city of Birmingham.
 Sec. 5. Be it further enact ed, That whenever any person is tried in said court for an offense of which said court has jurisdiction, he shall not be again tried in any court for the same offense, but the judgment of said court shall be bar to any subsequent prosecution for the act for which he was tried in police court"
 In fact. the entire act shows conclu- sively that 1t is an office within the mean