The Montgomery advertiser., 1901-11-08
THE REPLY OF PHILLIPS
ANSWER TO APPLICATION OF
 NUNNELEE.
The Claim Set Up That Theo Lacey Jr., Has Never Vacated the Office of Clerk of the Cir
 cult Court.
Advertiser Bureau.

The case of ]. H. Nunnelee, who was recently commissioned Circuit Clerk by Governor W. D. Jelks, against G. Cra"- ford Phillips, for the possession or the key books, seal and other effects or tne office. was called before Judge John w. Mabry of the City Court this morning promptly at o'clock. Both sides were represented by attorneys. The case IS exciting a great deal of interest nere and the outcome is looked forward 10 with a great deal of interest. MT. Phli- lips made oath to the following plea Tn abatement:
 James H. Nunnelee vs. G. Crawford Phillips-In a proceeding before Hon. J. W. Mabry as Judge of the City Court of Selma.
 Comes G. Crawford Phillips, by his att torneys, and appearing specially for the purpose of this motion, shows to your Honor; That your Honor has no Juris- diction to try this cause. and for grounds says:
 pel the delivery of the books, papers and property belonging to or appertaining to the office of clerk of the Circuit Court Of Dallas County, to one J. II. Nunneiee' and the information filed in this cause does not show that said Nunnelee mas any right to said office which the Judge of the City Court of Selma can enforce.
 
 cause does not show that said J. Ii. Nunnelee is the qualified successor or Theo. Lacy, Jr., the lawful clerk or the Circuit Court of Dallas County. a Said information shows that sald Theo. Lacy, Jr., was duly and legaliy elected clerk of the Circuit Court or pal las County, and does not show that your Honor, as Judge of the City Court or Selma has Jurisdiction to direct the of tta said Nunnelee. 1, Said information shows that said Theo. Lacy, Jr, is Clerk of the Circuit Court of Dallas County. and therefore | J. H. Nunnelee is not his qualified suc- | cessor.
 s. It Is not shown that the office Of | Circuit Clerk was vacated since the in- auction thereunto of said Theo. Lacy, Jr." and the Judge of the City Court of Selma | is without Jurisdiction.
 6. That Theo. Lacy, Jr., who is the | Clerk of the Circuit Court of Dallas 1 County. has never been impeached, nor has the office of Clerk of the Circuit Court of Dallas County ever been vacated.
 T. Theo. Lacy, Jr., was duly and legally elected Clerk of the Circuit Court of Dal- l las County, Alabama, at the regular cleo | ton held in August, 1898. for the term of | six years, and was regularly commission 1 ed as such clerk, and has ever since dis | charged the duties of said on1ce; and ITS said term of office has not expired, nor has he been impeached or removed. nor has his office been declared vacant.
 8. That Theo. Lacy, Jr., was, in Au- gust, 1898, duly and legally elected to the office of Clerk of the Circuit Court of | Dallas County, and was duly and legally qualified and commissioned, as such Cir cult Clerk. and has ever since discharged the duties of said office, and that the | term for which he was elected Is not ex- pired nor has his office been declared vacant in any judicial proceeding. That on to wit: October 26. 1901, William D. | JeIks, as Governor of Alabama. issued | A commission to one ]. H. Nunnelee. as Circuit Clerk of Dallas County; that said commission was issued without authority of law and is, therefore, void.
 g. That Theo. Lacy, Jr., was, in Au- gust, 1898 elected Clerk of the Circuit | Court of Dallas County, and was duly | qualified and commissioned as such clerk. | and entered upon the discharge of the duties of said office, and has ever since continued to discharge the duties of said
 office, and that his term of office has not expired; and that this proceeding Is an attempt to deprive said Theo. Lacy Jr., of said office without due process o1 law.
 TO- That Theo. Lacy, Jr., Is the Clerk of the Circuit Court of Dallas County, and since the beginning of the present term of that office in 1898, has continually exercised the powers, functions and duties of that office and while he was so dis charging the duties of said office. the Probate Judge of said Dallas County State of Alabama, without judi cial investigation. and without notice to the said Theo. Lacy Jr., wrote to the Governor of Alabama that the said Theo, Lacy. Jr.. has removed from tho State of Alabama and County of Dallas, where upon the said William D. Jelks, as Gov ernor aforesaid, appointed and commis- stoned said J. H. Nunnelee to be Clerk | of the Circuit Court of Dallas County, whereupon this defendant says; that the office of Clerk of the Circuit Court of Dallas County has never been vacated; that the alleged appointment of said Nun melee was made without authority of law; that he is not the qualified successor of said Theo. Lacy, Jr.; and that your Honor is without jurisdiction to make further orders against this defendant in this proceeding.
 II. That Theo. Lacy, Jr., has not been adiudged to have vacated the office of Clerk of the Circuit Court of Dallas Coun- ty in any judicial proceeding; nor was said office adjudged to be vacated: and this proceeding is an attempt to get pos