The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-08-16
OLD Commission
MEN REAPPOINTED
Governor Acts on Police Body
at BeSSemer
WILSON GIVES OPINION
Opinion Is Submitted to Governor On
Recent Supreme Court Decision
and Appointments Follow
Immediately.

Montgomery, August 15.-(special.) AT
ter being notified that the Bessemer po-
lice commission law is good, the governor.
this afternoon, appointed the following
as members H. ]. Palmer, P. p. Moore,
E. A. Little, Sam Lefkovitz F. A. Adams.
All these were members of the old COM
mission, which was thrown out by de-
cision of the supreme court, save Mr..
Adams, who is in the place of I. A.
Lewis, now a member of the board of
aldermen and ineligible
Governor Jelks appointed the police
commission for the city of Bessemer, ac-
cording to ruling of Attorney General
Wilson today, on the decision of the su-
preme court in the case of Gamble vs.
Huey, recently handed down. in which
the former decision in the Bessemer case
of Little VS.. Huey was rescinded. The
effect is to restore to validity the Besse-
mer police commission and to make 1t
the duty of the governor to appoint MEM
bers of such commission.
At the same time the sopinion of the
supreme court and the further opinion
of the attorney general will have the ef-
feet of rstoring the Montgomery police
commission law, declared invalid ON the
authority of the decision in the Little VS..
Huey case. However, the members Of
the Montgomery commission are to be
elected by the city council,
The opinion of the attorney general is
addressed to the governor and is in re-
Spouse to a request from the executive
that he give an opinion on the legal
status. After the preliminary address of
the letter the attorney general proceeds:
Attorney Generals Opinion.
1.-The act to establish police commits
sion for Bessemer local Acts, 1903. p.
80 makes 1t the duty of the governor
to appoint five commissioners to COM
pose the board. Complying with its pro-
visions, the governor appointed the COM
missioners, but, upon proceedings insti-
tuted against them, the local act was de-
clared unconstitutional and the commits
sioners were excluded from the offices
to which they had been appointed. Lit
tie VS.. Huey, 1877 Ala, $50. In the re-
cent case of Gamble VS.. Hubbard in MS,
the opinion in the case of Little VS.. Huey
was overruled but the judgment in the
former case was not, and could not be
set aside or in any manner disturbed,
because the term at which it was rem
dered had come to an end and the parties
and subject matter of the two cases were
entirely different.
"The parties to that judgment are
bound by 1t to the extent of their rights
under the appointment and commission
which they held when the judgment was
rendered Notwithstanding the opinion
upon which the judgment was based
might have been erroneous This Is upon
the familiar doctrine that a final judg-
ment of a court of competent jurisdiction
is conclusive upon the parties and priyles
to 1t as to the matters adjudicated SO
long as the Judgment remains unreversed.
So the parties to the former Judgment
have no right or title by virtue of their
former appointment. The judgment does
not. however, prevent the governor from
making new appointments under the
statute (the last decision of the supreme
court holding, in effect, that the statute
is constitutional and of force) and the
governor may either appoint the same
persons who were before appointed, or he
may appoint others, as he sees proper.
The new appointees, although the same
persons who were ousted under the judg-
nent above referred to, would hold I'M
der a new title, and II that title is good.
leaving out of consideration the former
litioation II would not be concluded by
the Judgment rendered in that litigation.
"When contract obligations are entered
into upon the faith of decision of the
supreme court. constituting a statute, the
decision, although unsound, and subse-
ouently overruled, will govern such con
tractural relations so assumed upon It's
faith: but the right to statutory pub
lie office is not a contract or property
right, and the principle referred 70 WIN
ha.-o No anplication when the decision
CONSTITUTES a statute dealing with such an
office -.
After the receipt of the opinion of the
attorney general the governor announced
the appointment of the board as SHOWN
above