The Birmingham age-herald., 1914-08-17
APPELLATE COURT MAY NOT SURVIVE
 FIGHT AGAINST II Bitter Opposition to Its Per- petuation Exists Through
 out the State
COURT PREPARES ITS
 PLEA IN DEFENSE
Immigration and Cotton Statistical Department Will Probably Be Eliminated-Jail Inspectors Off,
 flee May Be Saved
By HUGH ". ROBERTS

If the court of appeals survives fol- lowing the attack which legislators will make against it's continued existence. it may properly be credited with possessing charmed life. Fol. if is true that great many men. preparing to go gum ming in legislative chambers. have their eyes directed against this branch of the states Judiciary system Other depart ments of the states service which the legislature will consider in it's programme of retrenchment will be the office of jail and mill inspector. and that of immisra- ton commissioner.
 The fury of the general attack, however, will be directed against the court of ap- peal. Reasons advanced are nebulous. It seems, however, that it's enemies consider it an unnecessary and expensive append age Others are antagonistic because it was created during the administration of the present governor, and filled with jus tices by his appointment. That the ap- pointees were worthy and capable men is generally admitted and that the court has been active in the discharge of it's business is generally admitted
 Nevertheless, a majority of the mem bers of the legislature who have commit ted themselves are violently opposed to the continued existence of the court No man up to the present time has gone publicly on record as determined to use his efforts to preserve the court.
 Court On Defensive
 The court, apprecating the danger which hovers about it's head, has already entered upon it's defensive operation Some days ago Alex Troy, clerk of the court. issued a circular letter tos thousands of people throughout Alabama, to members of tie legislature, to those who will be members following the November election. to editors-to everybody, as a matter of fact capable of yielding influence.
 The letter of the clerk is strong doc ument. It proves that during the exist ence of the court, much work has been accomplished. It shows that the justices have been steadily lon the job.' It is an indirect but altogether potent appeal The court is giving reason why it should not be destroyed
 MT. Troy, in his argument declares that in the three years of the court s existence, decisions in TIPS cases have been rendered; that of that number. only in 10s have applications to the supreme court for review been made, and of the peti- uons. only IS have been granted. While this argument will probably carry weight. there are many legislators who believe that the supreme court increased by two justices will be able to do the work now performed by two distinct courts. especially following that period when the governors ideas of reformation in court procedure are effective
 It is difficult to foretel what the re- sult Will be. It may depend on the atti- tude of the next governor
 Office Considered Sinecure
 It will require all the pressure Charles Henderson can bring to bear to save the office of immigration commissioner Unless MT. Henderson has friend with whom he would like to favor with an pointment to that office, it is safe to pre- ulct that he will bring no pressure to bear. And then the office will 'sgo m ,,
 It is unquestionably true that the post ton of immigration commissioner is one or the desirable jobs in the gift of the governor, of all the "plums" the most succulent The commissioner Is paid about $2O0 per month, and his expense account is 5000 per annum The idea prevails that the commissioner has noth- ing to do save what his own industrv impels him to do. that he has no boss that he has nothing for which to make account, that he has no duties save those which his conscience might suggest. The office is considered as much a sinecure as that of cotton statistician. The chances are that along with that of cotton stat isucian. It will be eliminated and it's occupants name stricken from the nav roll
 Opposition to the position of prison and mill Inspector exists but is not as in- sistent as opposition to the appellate court If MT. Henderson can be induced tc say good word for the department snpervised by Dr. William Oates it will