The Birmingham age-herald., 1908-10-27

The first official action of City Attorney Thach, whose election by the city council at the last meeting of that body was unanimous, was taken yesterday after noon when he renoered the above opinion at the request of City Clerk Shropshire. Immediately after Detective Baker of the police force served the subpoena is- sued by Walter L. Metcalfe, chairman of the executive committee, MT. Shropshire addressed the following letter to the city attorney:
 "Birningham. Ala, October 2s, 1908. Hon. Robert H. Thach, city attorney, city:
 Dear Sii--I have just been summoned by the chairman and secretary of the city democratic executive committee to ap- rear before the said committee, and to bring with me the Third ward ballot box.
 Please advise me as to my duty in the matter. Yours truly,
 "H. F. SHROPSHIRE. JR.
 "City Clerk" Included in MT. Shropshire's letter to MT. Thach was the following summons: ITO any lawful officer of said countqy
  nous H. F. Shropshire. Jr., city clerk of the city of Birmingham, Ala, personally to appear and attend the meeting of the city democratic executive committee of the city of Birmingham, Ala. at the council chamber of the city hall at s O clock D. m., then and there to testify and the truth to speak in relation thereto in behalf of the contestant in certain contest pending before said committee wherein A. A. Gambill Is contestant, and Asa L. Hoyt is contested, and to bring with him before said committee the bal lot box with the ballots and poll lists contained therein of the Third ward of the city of Birmingham, Ala, for cer- tain municipal election held in said city, on to-wit: the 21st day of September. 1908, and have you then and there this wrt with your indorsement thereon.
 Witness my hand and seal this the 26th day of October, 1908
 "WALTER L. METCALFE, Chairman City Democratic Executive Committee of the City of Birmingham. "R. l.. STOKES, Secretary"
 MT. Thach's opinion, rendered immed- ately after the reception of the letter from Mr. Shropshire, made it possible for the city clerk to appear at last nights meet ing with the box.
 In rendering his opinion. MT. Thach held contrary to the opinion of the city clerk which was to the effect that before sur rendering the box a resolution adopted by the entire committee was requisite.
 MT. Thach in making his opinion did not refer to any statute but his state ment Is simple and direct
 After receiving the opinion of the city attorney stated MT. Shropshire after the meeting last night there was noth- ing else for me to do but appear with the box before the committee.
 '"rhe code provides that any city of- ficial has the right in cases of doubt to appeal to the city attorney for advice, and to act on that advice, end in so do- ing, to put the responsibility for his ac- ton on the city government.
 Ut was my determination to do that thing which I considered proper. As soon as the summons was served. I appealed to the city attorney. I would never have surrendered that box had he not rendered the opinion, a copy of which you possess. I was in doubt as to what my act r should be, for the law made me the keep- CT of the box, an unwilling keeper, and does not provide any manner or set any time for the surrender of same.
 However. when the city attorney opinion was received, there was nothing else for me to do but appear before the committee with the box which I have done'