The age-herald., 1901-07-07
.O|L INSPECTION
 ACT IS LAWFUL And Tom Baine Legally Holds
 His Position JUDGE COLEMAN'S DECISION The Only Question Raised Was That of Constitutionality of the Act and the Proceedings Were
 Promptly Dismissed.
JUDGE COLEMAN'S DECISION

Judge Coleman of the Circuit Court decided yesterday that the State Legis- lature complied with the Constitution in authorizing the Board of Revenue of Jefferson county to create the office of oil inspector and that the appointment of Tom Bane to that position was in compliance with law. He therefore dis missed the quo warranto proceedings in- stituted by E. A. Roblee.
 The only question raised by MT. Roblee was that the act was unconstitu- tional. MT. Roblee Is a resident of Ohio and it is said that his object in insti- tuting the proceedings was in the inter- est of a certain oil company whose in- terests might be harmed by the creation of the office of oil inspector.
 The decision by Judge Coleman is of follows:
 This cause was argued and submitted to me for decision. have given to the questions involved due consideration so far as practicable and consistent with my other official duties. The subject matter Is of vital importance to large body of citizens of the county engaged in the dangerous occupation of mining, and humanely and manifestly designed for their protection and safety in prose- cutting an important and necessary indus try. Public interest demands a speedy decision of the questions submitted.
 'It Is admitted that the reator, at whose sole instance this proceeding is begun and prosecuted was at the time of filing the information, and Is now, a nonresident of the State of Alabama and has no other interest in the subject mat ter except that he is dealer in oil (of the character mentioned In the acD in the state of his residence, selling the same through agents in the territory of Jefferson County. I am inclined to the opinion that the relator has not such in- terest In the subject matter as the law requires and intends to authorize him to begin and prosecute the information And further, I am inclined to the opinion that a nonresident of the State (with the interest in the subject matter herein sei forth) has no authority to file such in formation. It Is not necessary to elabo- rate these views or present any argu- ment therefor, as the conclusion reached on the main proposition will dispose of the cause finally.
 "It Is admitted that under the act of February =, 1901, referred to and con- plained of in the information, the de- fendant Baine, was duly elected and in- stalled in office. The main question sub %. iU l. nationality of said act, the relator in his information claiming that 1t was obnox- ious to and violative of section 3S, article 4. of the constitution of Alabama, which ia in the following words and figures: Section 38: No state office shall be contin- ued or created for the inspection of or measuring of any merchandise, manufac- ture or commodity; but any county or municipality may appoint such officers when authorized by law
 "In my opinion this office of inspector of oil for the mines in the county of Jeffer- son alone Is not State office within the meaning and purview of the first para graph of this section of the constitution, and that under the power and provision contained in the last clause of said sec tton and both within the letter and spirit thereof, the legislature has the power to authorize the county of Jefferson to ap- point such officer for the inspection or measuring of any merchandise, manufac- ture or commodity My opinion and de- cision therefore is that the act complained of is constitutional and does not violate said section 3S, article of the constitu- tion of Alabama.
 T am also of the opinion that said act ia not violative of the interstate com merce act and is not in restriction of trade.' as contended for by the relator. Tt Is therefore ordered and adjudged that the prayer of the relator in said in formation be denied and that said Baine be not excluded from said office of coun- ty inspector of miners oil; that the de- nurrer to the information be sustained and said information be dismissed and that judgment be entered in favor of said defendant, and that the costs of this cause be taxed against said A. E. Roblee and the securities for costs of this prose cution.
 "A. A. COLEMAN" Judge of Tenth Judicial Circuit"