The Birmingham age-herald., 1912-07-12

other detailed information.
 John c. Bradley. clerk of the criminal court. stated that between 5000 and 40,- GOO cases have been docketed in the criminal court since January 1910 and that the time and labor to compile the information desired would be staggering.
 He stated that if given time he would gladly give the desired information. Ho so notified the governor by wire and Is waiting further developments.
 Blake Telegraphs Governor l Sam Blake, clerk of the city court, made practically the same statement and says he will lend all aid and assistance in giving the required information. MT. Blake sent a long telegram to the gov ernor yesterday defining hls position In reference to the statement made in yes terday's issue about the number of cases pending on the docket of the city court the number should have been 25O0 instead of the 2b0 an nounced. This also applies to the circuit court Taking all the cases in these two civil courts since 1910 it will involve the examination of between
 
 will waldrop, clerk of the circuit court made no further statement but has gone to work on the apparently hopeless task of giving the desired information in the time specified which expires tonight Statement by N. l.. Miller Nat l.. Miller. the well known attorney and counsel for one of the county clerks was asked for statement on the situa- tion yesterday and gave out the follow | ing:
 Referring to the demand made by Gov ernor O'Neal upon the clerks of the sew eral courts of record of this county to furnish certain information from the docSets and records of the respective courts, beg to say that two of the clerks, MT. Sam M. Blake, clerk and reg l ister of the city court, and Mir John G. l Bradley. clerk of the criminal court, have each conferred with me, and, l am in- formed, have conferred with other law yers regarding their duty to furnish the | information called for py the governor "One of the deputy clerks of the circuit court has also discussed the matter with me. and I am sure that none or the clerks desire 10 withhold any informa- ton from the governor or the public, but on the contrary each stands ready to furnish all information concerning his office, whether they are under any legal duty to do so or not, provided the de- i mand made can be compiled with within l q reasonable time. The request of the l governor, however, would require weeks | of constant labor to compile the data asked for, and the use among others. of
 books that are in constant use in pre- pairing the new books for the next term l of the respective coGrts. They there. | fore, feel that the governors request is unreasonable, and that no just criticism | will lie against them for failing to com | ply, inasmueh as they are uAler no legal
 duty 10 do this work. The governor l request that 1t be furnished by Friday
 of this week shows his lack of apprecia- l tion of what is involved in his inquiries
 it being impossible to furnish it by that | time
 Authority Quoted by Governor | "The only authority referred to by the governor as the basis for making I this demand is section 12f of the con stitution, which gives him a right to require information in writing under oath from the officers of the executive department named in this article or created by statute on any subject re- latng to the duties of their respective offices. [" Any such officer or man. ager who makes wilfnlly false re- | port, or fails, without sufficient ex- cuse, to make the required report on demand. is guilty of an impeachable of fense.' The question arises whether these officers arc named in this ar | ticle. An inspection of that article, being article of the constitution, ex- ecutive department, shows that they are not named The next question arises are they executive officers ere ated by statute or officers of an ex- ecutive department created by statute Clearly the circuit clerk is not because lthe office of circuit clerk Is created by the constitution and not by statute. and he is ministerial officer of a de- partment. viz: the judicial department created by the constitution and not by statute. think it clear also that the clerk of the city court and the clerk of the criminal court are each minis terial officers occupying offices which are adjuncts of the judicial depa rtment and cannot be said to be executive of- fees within the meaning of section f2f of the constitution or officers of any executive department created by sta a- tute.
 This matter had provoked some dis cussion. particularly among the law yers. and ! have not seen or heard of any lawyer. save Governor O'Neal, who construes the section of the constitu- | ton referred to by the governor as con- | ferring power on him to make the de- 1 mand which he has made and require compliance herewith"