The Birmingham age-herald., 1904-12-18
WILLIAMS MAY BE JUSTICE IF PEACE Judge Senn Renders Important
 Election Decision CASE OF PRECINCT 21 All the Votes Cast at November EIee- tlon For Justice of the Peace
 Must Be Certified By Board
 of Commissioners.
CASE OF PRECINCT 21

Votes cast In Precinct No. 21 of Jeffer- son, at the election held November 8, for R. L. Williams for the office of justice of the peace for this precinct must be certified by the board of supervisors to the judge of probate and by this official to the secretary of state.
 That was what was decided yesterday when Judge Charles A. Senn, senior judge of the city court of Birmingham, handed down an opinion in the mandamus pro- ceedings instituted by R. l.. Williams against A. W. Burgin, sheriff, J. P. Stiles judge of probate and B. A. Thompson constituting the board of election super visors for Jefferson county for the year 1904, overruling the demurrers filed by the defendants.
 It will be remembered that shortly after the November election MT Will votes for the office of justice of the peace in precinct 21, made a written de- mand upon the board of supervisors that they count and certify the votes cast for him for this office. This they refused to do. Thereupon mandamus proceed ings were instituted by MT. Williams to compel the board to perform this duty. The case was argued at length two weeks ago yesterday by Frank Deedmeyer and H. K. White for the plaintiff and by J.. T. Glover, representing the defendants.
 CounsePs Contention. bu fir v and MT. White that the duties of the board are ministerial and that 1t Is their duty to certify the result of the election, as they find 1t, without regard to ques- | ton whether or not the office for which certain person has received votes is In fact existing or not.
 In addition to this the attorneys for | the plaintiff claimed that the act creating the inferior court of Birmingham was not legal, on the grounds that the act | was not passed as provided by section | 106 of the constitution of the state, as | the notice required by this section had not been g.ven and consequently that the | oIrice of Justice of the peace still existed | in Beat 21. Judge Senn did not go into the question of the constitutionality of the inferior court act, as he holds that l the members of the board of supervis- ors act mnisterially, and that 1t is their 1 duty to certify the result of the election, as returned to them, leaving to the courts the question who Is entitled to the of flea.
 Quo Warranto Proceedings.
 It is understood that the quo warranto proceedings will at once be instituted by MT. Williams to test the constitutionality of the inferior court of Birmingham, as | Judge Senn left this point undecided If the supreme court holds the inferior court unconstitutional, 1t will be the duty of the secretary of state to Issue to MT. Williams a commission as justice of the | peace for beat 21. The case is of the utmost importance to lawyers and to lltigants and has attracted a great deal of attention.
 l Proceedings in the nature of quo warranto are also pending before the city court of Birmingham against Judge Charles H. Mandy, of the inferior court of Ensley The case against Judge Mandy was submitted a week ago to Judge Charles W. Ferguson by attorney Frank Deedmeyer and an early decision is expected