The Birmingham age-herald., 1911-07-10
JUDGE BURKE'S CASE
 AN IMPORTANT ONE
Will Affect Other Counties
 Beisdes Cullman
ATTORNEYS UNITED
Will Make Concerted Effort to Have the Probate Judges Authority Curtailed-Sacred Harp
 Singers Convene

Cullman, July s.-(Special.) )-There seems to have been a concerted effort inaugu- rated by a number of prominent attor- neys and citizens of Cullmdn to make hot fight on Judge Robert l. Burke, judge of probate of this county, to cur tail the authority and Jurisdiction of that official and if possible to oust him from at least the authority which was vested in him by the legislature of 1901, at which time he was empowered with concurrent jurisdiction with the cir cult judge to try misdemeanor cases in the county court. Judge Burke was not in office at the time the act was passed to amend the code of Alabama, giv- ing the probate judge this authority, the office of probate judge was held at that time by the late Judge S. L. Fuller, who by authority of that act sat in judgment of such cases, and by which authority. since Judge Burke's election to office, he has exercised the same jurisdiction, to the apparent satisfaction of the peo- pie.
 While section 154 of the constitution of Alabama provides that judges of courts of record shali be versed in the law, Judge Burke, although not having license to practice as an attorney, has held all the county courts of this county for the past seven years without any interruption by any legal process, and although he has never practiced in the courts as licensed attorney, he is considered to be well versed in the laws of Alabama, and the supreme courts have sustained him in many of his decisions in important cases that have gone up from his court.
 But, be this as it may, from the opinion of the prominent attorneys on the side of Mr. Vandiver, who instituted the case, Judge Burke has been holding court con- trary to the constitution, and according to their idea must cease. It is charged that all the fees collected by Judge Burke have been paid to him without authority of law and contrary to the constitution. aHd the county treasurer has been noti- fled to this effect by his legal advisors, and that official has been instructed not to pay any more fees to Judge Burke which have accrued through the county court. and should he do so, he will do il at his own peril, on the grounds that Judge Burke is incompetent because of his failure to be 'learned in the law"
 1nlS concerted dcllOn HgalnSt Judge Burke does not stop with merely the oust- ing him from the authority to sit IS judge of this court of record, but is fol- lowed up with a long string of legal questions and different opinions on the effects 1t will have on the courts of the county. It is said that there are now about 3D cases pending on the docket of the county court, many of which were instituted in that court, others being transferred from the circuit court The question now is, what is to be done with these cases in the event that Judge Burkes authority to try them is taken away from him. It is claimed by diff ferent attorneys that these cases cannot be transferred. to the circuit court and tried, and must be disposed of in this court if they are disposed of at all. Also. it is claimed that if Judge Burke has no authority to try cases now, the same rule would apply to those which he has already tried, and among which are a number of convictions and fines and sen- tences imposed. What will be done with them7 If a man has been convicted in the county court and fined sentenced by Judge Burke, according to the opinion of some, these fines and sentences have all been without authority of law, and are, therefore. null and void.
 The case is attracting a great deal of attention, and promises to be one of no
 
 fleets Cullman county. but it is said that there will be 19 other counties in the state that will be affected by the outcome of the case against Burke. To say the least. this county will be placed in a considerable mudde as the proceedings will hold up the regular jury term of the county court which was to have been held here beginning the third Monday in this month Just how the supreme court tf1l oIor nF tla tion as to being learned in the law is a matter of speculation. Some think that 1t does not mean that a judge necessarily has to be a lawyer. but the fact that he knows the law qualities him to hold the court and Judge Burke is conceded to be well posted in the state laws. However | 1t will be carried to the supreme court no matter which way it goes in the circuit | court
 Both sides will be represented by the | best of legal talent.