The Birmingham age-herald., 1912-03-17
CUSTER PETITION IS FILED AGAINST J.P. EVANS OFFICE Office of Official StenOg- rapher of Jefferson
 Declared Void
PROCEEDINGS FILED
 BY JACK T. STALLINGS
Petitioner Alleges That Office MT. Evans Holds Was Made Null and Void by State Constitution 
 Adopted Sept. 3, 1901


 Declaring that the act providing for an official stenographer for Jefferson county is unconstitutional and that the office of official stenographer is null and void, Jack T. Stallings, through his attorneys UHman & WinI<1er and John C. Eyster. filed q petition in the city court yesterday afternoon alleg- ing the John P. Evans is unlawfully holding the position of official sten- ographer of Jefferson county and pray ing that John P. Evans is unlawfully sued and directed to John P. Evans to appear before the court to show cause why he should not be busted from the office.
 The style of the petition is state Of Alabama, on the relation of Jack T. stallings and Jack T. Stallings vs. John P. Evans and Is directed to c. c. Ne smith. judge of the first division of the city court of Birmingham.
 After the usual legal preliminary statement the petition sets forth:
 Act of Legislature
 Your petitioner would further in- form and show the court that on the 4th day of March, 1901, an act of the legislature was approved entitled An act to provide an official stenographer for Jefferson county and prescribe his duties and compensation,' which said act appears in hesprinted local acts of the year 1901 on pages 2255, 2256. 2257 and 225S. Said act also appears in the local acts of Jefferson county com piled by John D. Weakley in the year 1904 on pages 574, 575 and 576, and petitioner refers to and makes a part of this information the said act of the legislature of Alabama above named as fully as though the same were set out herein"
 The petition then recites the ap- pointment of the respondent, John P Evans, by the circuit and city court judges to the position as official sten- of Jefferson county at the lime the act was approved and his re- on March 6, 1907, which the petitioner charges was | Illegal. null and voi1 "in this That the said act under which said appointment l was made and passed by the legisla- | -ure and approved by the governor on | March the 4th, 1901. That thereafter i on the 3d day of September, 1901, the | convention of the state | of Alabama adopted constitution for the state of Alabama, which is now in
  hereafter be more particularly referrel to, which said constitution so adopted by the said constitutional convention was. at an election held thereon, rati-s fled by the people of rae state of Ala bama in an election held in the year 1902.
 That in the schedule attached to and forming a part of said constitu- ton it is provided as follows:
 Tn order that no injury or inconVen- fence may arise from the alterations and made by this constitution to the existing constitution of this state. and to carry this constitution into ef- feet, it Is hereby ordained and declared; q. That all laws in force at the rati- ication of this constitution, and not in- consistent herewith, shall remain in full force until altered or repealed by the legislature.
 Is Inconsistent
 ''Sec. ,. Your petitioner would further show that the said act of the legislature approved March 1, 1901, entitled, An act to provide an official stenographer for Jefferson county and to prescribe his du- ties and compensation,' is inconsistent with the said constitution. and is, there fore, repealed by the adoption of the said Your petitioner shows that the said act of the legislature is incon- sistent with the said constitution as fol- lows: Sec. 96 of said constitution pro vides, The legislature shall not enact any law not applicable to all the counties in the state regulating costs and charges of courts. or fees. commissions or allow ances of public officers,
 Your petitioner would further show that the said act of the legislature above to is inconsistent with section 1O4 of the constitution of 1901, which reads as follows:
 "The Legislature shall not pass spe- eial private or local law In any of the following cases:
 "24 Creating. increasing or diminishing fees percentages or allowances of public officers.
 Your petitioner shows and ayers that by the adoption of said constitution the said act of the legislature, approved March I, 1901. was thereby repealed.
 Asks Custer Proceedings
 ''Whereforc your petitioner prays that your honor will take Jurisdiction of this cause and that your honor will make and enter an order authorizing and di- recting an alternative writ of quo war ranto to issue out of this honorable court and directed to the respondent herein, John P Evans, requiring and command ing the said respondent to be and ap- pear before your honor at time and place to be by your honor fixed, then and there to show cause, if any he has. why he should not be busted and eX- cluded from the office of official stem ographer of Jefferson county. Alabama, and why an order and judgment of this court should not be made and entered. adiudging him. the said respondent. John P. Evans, guilty of usurping and intrud- ing into the said office of official ste nographer of Jefferson county, Alabama, and enter judgment of custer against him in said cause. And for other relief.
 r PULLMAN X WINKLER,
 JOHN C. EYSTER,
 "Attorneys for Petitioner