The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-01-21
.FEAGIN'S ELECTION
MAY Be ILLEGAL
Popular Vote Bill Said to be
Unconstitutional
SALARY MAY Be REDUCED
No Authority It Is Said, for Its In.
crease From $500 to s24oo a Year.
The Constitutional Mlcrobep
Band at Work.
SALARY MAY Be REDUCED

The unconstitutional microbe" that
recently attacked the inferior court of
Birmingham and knocked Judges Benners
and Alternately out of a $500 job each.
folded his tent yesterday afternoon In
the Allen building. stole silently down
the back stairway into Third alley crept
into the city hall building and began to
lombard the police court.
AS he left the Allen building, the
mierobe' conffded to persons In the
building that before another week passed
he would get his hooks In on the police
court and COMPEL, il possible, the higher
courts to declare Judge Feagins election
illegal The 'microbe" said this would be
bad enough, but what would be a great
deal worse, he said would be the fact
that he would compel the higher courts
also to reduce the judges salary from
S24OO to $500 year, and make Judge
Feagin pay back into the city treasury all
the salary he had received in excess of
$500 a year since he has been on the
bench.
What the "Microbe" Says.
AT a late hour yesterday afternoon the
'microbe" was highly pleased with the
progress thus far made in his campaign
against Judge Feagin's court. In COM
menting informally on his plan of opera
lions and the reason why he was making
crobe" had this to say:
This inferior criminal court here used
to be, you know, an ordinary police
court. Its judge used to be elected by the
legislature. His salary was fixed by the
legislature at $500 a year, precisely as
the salary of the Mayor of a town of
$4,000 inhabitants was fixed at $2500 a
year.
Then, you know, there came change.
bill was introduced in the legislature
providing that the police court judge be
elected by the people instead of by the
legislature. The bill was enacted into law.
Judge Feagin, under the operation of that
law, was chosen in last years primary
election to be judge of this court for the
next two years, his new term beginning
May 1.
Bill Was Unconstitutional.
Now, it apepars that the law providing
for this new mode of election is uncon-
stitutional" said the "microbe." at Is
unconstitutional for the same reason that
the law establishing the inferior court of
Birmingham was unconstitutional. suf-
ficient notice of publication of the contents
of the bill was not given. 1t, therefore,
follows that the election of Judge Feagin
by popular vote will be declared uncon-
stitutional.
Judge Feagin, however, will not lose
election rather than the office, that is
Illegal. The office is CONSTITUTIONAL all
right; and inasmuch as Judge Feagin
was elected to hold the office until his
successor should be chosen and should
qualify 1t follows that the judge will
continue to administer justice until the
legislature selects his successor.
Salary Will Be Cut.
Judge Feagin will not, however in my
judgement" said the "microbe," CON
tinue to draw salary of $24Oc year. The
old law provides that the salary of police
court judge should be only $500 year.
1t was raised to $2400 by the bill providing
for an election by the PEOPLE. The judges
salary, Therefore, will be reduced to $500
a year and Judge Feagin will be required
to pay back to the city all amounts in ex-
cess of $500 a year that he has received
while In office. That will be a nice
round sum, for you know the judge has
recently been drawing a salary of $24OO
a year.
The Forney Resolution.
II noticed Thursday morning." said the
''microbe in conclusion, that my friend.
Alderman Forney has introduced a reso-
luton in the City Council to reduce Judge
Feagin's salary from $2400 to $500. The
city council has constitutional author
it, to order reduction in Judge Fea-
gins salary. It's none or the councifS al
fair.
when | get through with my crusade
this Forney resolution will be relegated
to the limbo room of municipal politics.
I don't want to hurt Judge Feagin, but
have a mission to perform, and I must
not discriminate. i had to knock the jobs
of my friends, Benners and Alternately,
into cooked hat, and I'll have to let
the work go on. Tt don't do to make
fish of some of these courts and fowl of
the other. My motto is: Hew to the line
and let the chips fall where they may"
Mayor Drennen's Views.
Mayor Drennen was told late yesterday
afternoon what the unconstitutional mi
crobe" had said about the resolution. In
referring to the "microbe'r" discussion
the Mayor said: .,
IT have fixed views regarding the wis
dom of this attempt to reduce Judge
Feagins salary and at the proper time
l shall make my views known. For the
present / wish to state that I believe
the judiciary of Alabama poorly paid.
think our Judges ought to get more mo-
ney for the work they have to do than
they are getting.
80 far as the Forney resolution is
concerned l had no idea of 1t until 1t was
| read hefore the hoard and / believe that