The Birmingham age-herald., 1912-10-12

missioner of the city of Birmingham, but on three scores attacked the constitution ality of the bill which created the com mission.
 His first point against the bill was based on his opinion that the bill is a local bill because it cannot affect moro than one city of Alabama, and cannot affect others before at least nine more years have transpired that if it is local bill, it is unconstitutional because it did not receive the advertising which the constitution re- qures for local bills.
 His second point was based on his opinion that neither the governor nor the legislature has the power to appoint per manent officials for municipal govern ment. To sustain this point. he quoted from decisions of the court of criminal appeals of Texas and decisions of the su- preme court of Georgia.
 His third point was based on his opinion | that all the subjects treated in the com of that bill.
 Arguments Against Lane Mir. Wilkinson spoke from 10 o'clock until o'clock, with the exception of an hour and a half consumed in a luncheon recess. He divided his argu- ment against Judge Lane under the following heads:
 1. The office of additional judge of the circuit court Is constitutional. Op- posing counsel conceded the point but Judge Nesmith insisted that it be ar- gued.
 ?. Is the office of commissioner an office under the state? The speaker contended that any office created by the state or held under the sovereign power of the state is an office under the state. He made the point that if the office of commissioner is an office under the state, the judge could not have accepted the appointment and abided by the con- stitution.
 3. If the office of commissioner is not an office under the state, Is it an office under any other government? MT. Wilkinson contended that the inhibition against a judicial officer resigning and accepted another office under a state or national or any other government included municipal government. He argued, therefore. that if the office of commissioner was not an office un- der the state government, 1t was cer- tainly an office under the municipal government
 1. Is the office of commissioner judicial office? MT. Wilkinson con- tended that a commissioner Is not judicial officier, because he had no pow CT to try cases, summons witnesses or punish the guilty, but that if he is judicial officer he Is not one in the eye of the constitution. which declares that no one man shall hold two offices of time. and that if the commissioner is judge and commissioner. he is in violation of the constitution.
 5. Evan though judge resigns be- fore the conclusion of his term of of- fee, he cannot accept any other ad- mnistrative position than one of a judicial nature. This point was con ceded by Judge Lanes clients and was not argued
 6. The commission bill is unconstitu- tional. In this connection Mir. Wilkin- inson used the argument outlined above.
 Wilkinson Was Exhausted
 MT. Wilkinson concluded his argu- rent before he had expended his wad- ding, for he remarked that while he would like to speak further on the sub feet, physical exhaustion was fast set ting in. There were no audible pre- tests against his finish. for he had oc- cupied practically an entire day of the courts time. He opened early in the morning behind 67 law books. out of which he read copiously from decisions and excerpts of decisions. IL was plain ly demonstrated that he had made deep study of his subject matter.
 F. N. Cabaniss is the leading counsel for Judge Lane. Te followed MT. Will Hnson, but had spoken only an hour when Judge Nesmith adjourned for the day. He will resume this morning and it is probable that he will speak until noon. Shortly thereafter Judge Nesmith will render his decision. From the de- cision it is probable that there will be an appeal. 1t matters not whom the de- cision sustains MT. Cabaniss is assisted by Sterling A. Wood. A. Leo Oberdor- fer, M. M. Ullman, City Attorney Ro- maine Boyd. J. A. Mitchell, Frank S. White and others. all of the attorneys offering their services without charge
 Defends Commission Bill
 Tn the short time that Mr. Cabaniss argued in answer to the attack of Mir. Wilkinson. he rushed to the defense of