The Birmingham age-herald., 1913-04-11
LANE HAS RIGHT
TO HOLD OFFICE
OF COMMISSIONER
Supreme Court Decides in
Favor of Defendant in
Custer Suit
LANE NOT SURPRISED
AT OUTCOME OF CASE
De Graffenried Declares Legislature
Did Not Exceed It's Authority.
Supreme Court Declares Lane
Has Power to Enforce Law

Montgomery, April 10.-(speciaD-
Judge A. o. Lane of Birmingham is
entitled to hold office as one, of the
commissioners of that city and as such
officer is clothed with judicial author
ity and has the power to enforce the
law and to discharge any of the num-
erous duties which are imposed upon
a municipal officer in any city of the
state
Such was the decision of the supreme
court of Alabama in a decision put out
this morning in the case of the State
of Alabama ex rel Horace c. Wilkin-
Fson against A. o. Lane. appealed from
the Birmingham city court. The case
grew out of an effort on the part of
Mr. Wilkinson to oust Judge Lane from
office on the grounds that he had been
elected Judge of the tenth ajudicial cir
cult and that under the constitution
of the state he was not entitled to
hold any other office except a judicial
one during the period for which he
had been elected
Quo warranto proceedings were In
stituted In the Birmingham city court
to oust Judge Lane from office in the
fall of 1912, and the case was decided
in favor of Commissioner Lane.
Opinion by De Graffenried
In affirming the judgment of the
lower court, Mr.. Associate Justice de
lGraffenried, in speaking for the SUI
preme court, declared that the legisla-
-f, r.
the British parliament, in so far as
the legislature does not attempt to
enact laws in violation of the federal
constitution or the state constitution.
Justice de Graffenried declared that
the Legislature has the right to declare
what officer of a town or city shall
exercise judicial authority
The fact that the Legislature has
seen fit in the act to which we have
above referred, and which is, in real
|ity the charter under which the city
has, under the law no right to COM
plain The city is but creature of
Legislative authority, and its creators
had the right to declare what the pow
ers of its various officers should be.
While the Legislature has not, by
mere ipse dixit, the power to declare
that a non judicial office is a judicial
office: it has the right. however, to
say what officer of town or city shall
exercise the judicial authority which,
ex necessitate, resides in the town or
city, and when it in fact confers that
| judicial authority upon certain named
officer, it may well declare that such
an office is a judicial office"
Need for Judicial Officers
Justice deGraffenried then points out the
| need for judicial officers in all large cities,
asserting that 1--WE can conceive of no
town city, even in the most primitive
conditions of society, which must not, ex
| necessitate, possess a need for town or
| city laws, and. as necessary corollary,
| judicial officers to interpret and admin
lister justice under those laws. In mod
ern city of 100000 inhabitants there must
be judicial authority, somewhere, and the
act under consideration. in unmistakable
language lodges that authority in the
| officer, the title to whose office is chal-
| lenged by this proceeding"
The opinion of Justice de Graffenreid
deals at length with the question as to
Judge Lanes eligibility to hold office un-
der the act providing commission form
| of government for the city of Birming-
ham. Justice de Graffenried analyses the
sections of the state constitution under
| which Commissioner Lane was attacked,
| and declares that the act creating conf
mission government for Birmingham pro-
| vided that one of the commissioners
should be judicial officer.
Justice de Graffenried declares that
Judge Lane is not state officer, one OF
| the complaints made in the proceedings
10 oust him from office. Sections 42 and
4S of the state constitution" he declares,
divorce functions CT legislative, execu-
tive and judicial departments of the state
| government" asserting that these Sec
tlons have no applicability to mere town
or city officers, or to mere town or city
government.