The Montgomery advertiser., 1909-02-05

7II from the cullaan Circuit Court, case involving the feinstatement of certain cases upon the docket of the court or the county. for violations of the pre-
 The case came to the Supreme court on appeal from the Circuit Courts ae- cision. with regard for an applicauon by solicitor Aimon, of the Eighth Ju- dicial Circuit. for mandamus 70 com pei Hon. Robert I. Burke, JudKe of the County Court of cuiinauA to rein- state certain cases spon the docket which he had mol pressed. without re quest or permission of the soiieitor'
 The decision efrects z2o indictments against men of Cuiiman County, ac- cused of q violation of the prohibition iawb. Upon the first trial of these cases. Judge Burke mol pressed all ot the fndictments. On the allegation that Judge Burke had advised the men in. voived in the cases, with regard to the constitutionaiity of the prohibition law lnandafnus proceedings were brought against him in the Circuit Court.
 Tn the nandamus proceedings Judge Burke charged that the court had nc authority to pass upon the question ana it was moved that the proceedings be quashed, and the. petition dismissed This motion was sustained by the Judge, and the decision of the Supreme Court handed down yesterday. afiirms the decision.
 Another case of interest is that oi the State of Alabama ex rel. D. Q. Al. mon ys. James 8. Fowler. an appeal from the Morgan County Circuit Court Tn this case the matter of resigna- tion Is threshed out
 tt. E.~ q fx n 1nu ua s Fowler had been elected as Clerk oi the Circuit Court of Morgan County at<the last election, for . term of siz years. That during May. 1908, ths Judge of the court entered an ordei on the minutes. directing the Solicitor of the County to institute Impeachment proceedings against Fowler on ths charge of willful neglect of duty a1t Elntemperance. in the use of intoxtcat' ing liquors.
 resign from of5ice. and his request wal granted by the Judge, aud the i'm peachment proceedings revoked.
 After has resignation G. T Britnel was Appointed to i'll the vacancy. Th' anposasee made bond, took the oath O
 offlce and. demanded the books ana uapers of the ofice. This was refused and the fudge directed the Institution of quo warranto proceedings.
 Fowler had In the meanwhile with drawn his resignaticf
 The opinion of the court was tn an unconditional resignation of pup lie office t6 take effect tmmediateis cannot be withdrawn even with fnF consent of the power authorized; < accent 1t. and 1t does not seem ma teriai that the resignation has no Ebeen accepted. A contingent or pros bsctive fesiRnation, however can bs withdrawn at any time before ht hai been accapfed, This was Q decision ol the Alabama court.
 The opinions further states thai there were some authorities holdinf that a resignation of . public ofnc' does not take effect until au accept ance. but by the Alabama decision th' Supreme Court found itself committed l 10 the doctrine that the acceptance ! not necessary. when the resignation ! is unconditional and goes into effec l immediately.
 1 The resignation Tn the case at ba was not unconditional, but was to be lconne final. and effective only upon tn | acceptance by the judge. An uncon dltional acceptance by the tudg would have rendered the resignation l conclusive and effective. but while th acceptance was endorsed by the Judg. lit was conditional in that It's opera | tion was postponed until September.
 The acceptance not becoming effec t2ive until September 1e, the respon dent had the right to withdraw hi l resignation, which he did The Judg ment of the trial court Tn giving tn