The Birmingham age-herald., 1911-07-28
RULING MADE AT
 COOKERS REQUEST
Brickell Defines Jurisdiction of Jus
 tices and NOtaries in Precincts 10, 34 and 46

Judge F. w. Booker of the inferior court of Precincts 10, ,34 and 46 has received from Governor O'Neal the opinion rem dered by Attorney General Brickell re- garding the jurisdiction of justices and notaries in these precincts. Judge Booker writes as follows:
 To the Editor of The Age-Herald: It has become necessary for me 10 ask the attorney general for an opinion on the subject referred to in the communica- ton addressed to Governor O'Neal by At torney General Brickell, which communi- cation and opinion I herewith inclose.
 If you deem this of sufficient interest to the public to make mention of 1t in The Age Herald I shall thank you to make the notice as prominent as you can. In this connection, permit me to say. in call- ing the attention of justices of the peace and notaries public in Precincts 10, A and 46 S to my duty indicated by the opinion of General Brckell, l hope they will appreciate my position, and aid me Tn meeting and observing the duty and ob- ligation placed upon me by the decision of the attorney general. Yours very truly, E. w. BOOKER. | Woodlawn, July 9, 1911.
 The communication containing the at tornev generals opinion is as follows:
 montgomery, July zf, l5ll. Hon. Emmet O'Neal. Governort Cap
 itol:
 pear sir-Your letter requesting me to advise you upon the matters contained f letter from Judge E. w. Booker, received.
 Judge Booker asks to be informed as to what jurisdiction justices of the peace and notaries public exercising the powers of justices of the peace have in Precincts l0 34 and 46 of Jefferson county, Ala bama and as to what his duties as judge of the inferior court of said precincts are, where such justices of the peace are exceeding the authority vested fin them
 Section of the act creating the in- ferior court of which Judge Booker Is judges provides that from and alter the approval of the act exclusive jurisdietioh in all criminal cases or oHehses where justices of the peace now nave Jurlsdlc- tion and to issue writs Of attachment, earnishment and detinue as against jus tices of the peace and notaries public with the power of justice of the peace in said precincts" is vested in the inferior court and further transfers all such proceed nes from the justice court to the fn- ferior court. It further provides that by section 9 of said act, that the judge of the inferior court shall have the power to issue restraining order, restraining jus tices of the peace from attempting to ex- ercise the jurisdiction taken away from them by the act, and that they may be punished by proceedings of that court for contempt for disobedience of such re- straining order
 ''The cases in which Jurisdiction is taken away from justices of the peace and no- taries public exercising the powers of justices of the peace, have been pointed out.
 Where such justices of the peace or mo- taries public exercising the powers of jus tces of the peace are exceeding their jurisdiction, it is the duty of the judge of the inferior court to issue a restrain ing order restraining them from pro ceeding in such matters, and if they vio- late the restraining order they may be punished by contempt proceedings. s This. think, gives you fully the in- Formation desired. 1 return you herewith the letter of Judge Booker and the copy of the act sent me. Yours truly,
 ROBERT C. BRICKEIL.
 fl '.Attorney General"