The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-07-01
OF LOWER
COURT SUSTAINED
Supreme Court Renders 0pin-
ion favorable TO Gov. Jelks
BEsSEMER CASE SETTLED
Police Commission Act Is Held to Be
Forbidden BY Section 1o4 Of the
New Constitution and Is De-
cIared Unconstitutional.

Montgomery, June oU-NopSSldl'J = 1hS
Alabama Supreme court rendered big
batch of decisions today, some of them
of especial state interest. First among
these, probably, is the state of Alabama
ex rel Elijah L. Higdon vs.. William d.
Jelks as governor, etc, in which the de-
cision of the lower court is affirmed.
The opinion of the court in brief is that
the governor has the right to suspend an
officer from duty, but cannot vacate his
office.
This is the action taken by Governor
Jelks in the Higdon case. The opinion in
the case Is lengthy one, the testimony
In the case and the correspondence pass
ing between Colonel Higdon and the gov
ernor being reviewed and in several In
stances quoted. Concluding, the court
says:
rIt is not to be overlooked, that going
very farin his efforts ia relieve. the snina
Of the relator Of any supposed or lancleo
Impression that he intended to reflect up
on his honor or reputation, the governor
in his letter to him, of date the fth July,
1902 to repeat some Of the evidence detail
ed above-stated to relator that the reas-
ons he had for relieving him and the other
officers of the regiment from further SER
vice at that time, In connection with the
regiment, was a painful lack of harmony
among them, incompatible with any kind
of efficiency; that they had been renewed
in the interest Of the public service, and
all of them on equal terms; that no re-
Election on the honor or reputation OF any
Of them was intended; that just as soon
as he had heard that harmony was In
sight, and with view, pointedly and pos
itively expressed of restoring reator to
- NJ a rOlonal he
issued an order to that effect. He also
stated that he declined to convene a court
Of enquiry, because he knew nothing to
inquire into. The governor thus tender
ed TO relator the relief he now asks the
court to grant. The relief he refused to
accept, unless coupled with an order for
a court of enquiry, or plain and public
statement by the governor that relator
had done nothing worthy of censure.
"Our conclusion is that the relator's s
purposes cannot be subserved by this ex-
traordinary remedy, and that the court
below did not err in the decree rendered
Affirmed"
The opinion was written by Associate
Justice Haralson. and is the unanimous
verdict of the court
The court, through an opinion also rem
dered by Justice Haralson, affirmed the
lower court In declaring unconstitutional
the Bessemer police commission act. The
point before the court for decision was
the first that has arisen from the new
constitutional provision restricting the
legislature in the enactment Of local leg
islation. The Bessemer police commission
act Is held to be local act" forbidden
by section 1N Of the constitution. The
court says that the proper manner for the
legislature to have given the city Of Bes-
semer the relief sought in the bill would
have been through a general law under
which, by application to the Probate or
Chancery court Of the county, the cor
porate powers attempted to be conferred
by the act might have been obtained.
The court reversed the lower court In
overruling the motion to dismiss the bill
and dissolve the Injunction in the same
case A decree was rendered dismissing
the bill and dssolving the Injunction.