The Birmingham age-herald., 1912-09-11

Quo warranto proceedings were formally instituted in the city court yesterday, seeking to oust Judge A O. Lane from his position as one of the board of city commissioners of the city of Birming- ham.
 The papers were filed by Horace c. Wilkinson. and the costs having been se- cured, Judge c. C. Nesmith ordered rule nisi to be issued citing Judge Lane to ap- pear before him on Saturday, September 21. to answer the proceedings.
 Judge Nesmith's Order
 The order of Judge Nesmith is as fol- lows:
 Upon the presentation of the within petition, 1t appearing that security for costs has been given and approved as re- duired by law, 1t Is ordered that rule nlsi issue to the respondent, A. O. Lane, returnable Saturday, the 2lst day of Sep tember, 1912.
 e. c. NESMITH. Judge of the City Court of Birming- ham"
 Text of Wilkinson's Petition
 The full text of the petition is as fol- lows:
 "The state of Alabama. ex rel. Horace C Wilkinson. plaintiff. vs, A. o. Lane, defendant city court of Birmingham. .To the Hon. C. C. Nesmith. II. A. Sharpe. C. w. Ferguson and William NJ. Walker. judges of said court:
 Your petitioner and reator. the state of Alabama. on the relation of Horace C. Wilkinson, respectfully represents and informs your honors on the following statement of facts:
 '1. Horace C. Wilkinson Is a resident citizen and taxpayer of the city of Bir- mlngham. Jefferson county, Alabama, over the age of 2i years, and A o. Lane Is a resident of Jefferson county, Alabama. over the age of 2l years
 70. On to-wit, November, 1910, defend ant. A. O. Lane, was elected additional judge of the Tenth judicial circuit, in and for the county of Jefferson. state of Ala bama, for term of six years, which said term would not expire until to-wit, Jan uary, l917
 "Pettioner further shows that after the said election, the said A. 0. Lane occupied the office and discharged the duties of judge of the Tenth judicial cir cult until, to-wit. about the 5th day of April, 1911
 g. Petitioner further shows and repre- sents that on. to-wit. the 9th day of April. 1911, and during the term for which the said A. O. Lane was elected to the office of judge of the Tenth judicial circuit of the state of Alabama. the said A. 0. Lane abandoned or resigned the afore- said judgeship and entered into and usurped, and is now usurping. ntruding into and holding without warrant or au- thorty of law the office of commission CT of the city Of Birmingham and claims to be clothed with the powers and author ity of such office: all without warrant of authority of law.
 petitioner and relator further show that Relator Horace C. VIII kinson has given security for the costs of this proceedings as required by section 5454 of the code of Ala bama. and that the same has been approved by the clerk of this court. as required by law in such cases.
 "The premises considered. petition CT and relator pray that the defend ant A. O. Lane. be made q party. to this proceeding by appropriate legal process, that your honors make and Issue the proper and appropriate or der requiring the said A. O. Lane to show by what warrant or right of au- thority he is holding the office of commissioner of the city of Birning ham, and exercising the duties and powers thereof. and upon final hear Ing. petitioner prays that your honors will declare and adjudge that the said A. o. Lane is usurping the functions of the office of commissioner of the city of Birmingham. and wrongfully and unlawfully holding said office. and render proper and appropriate judg ment and decree busting the said A. O. Lane from the office of commissioner of the city of Birmingham, and for such other, further. general, special and ap- propriate relief as the nature of this case demands.
 HORACE c. WILKINSON.
 "Relator. HORACE c. WILKINSON, Pro. Se.. Attorney for Petitioner and Rela-
 tor"