The Birmingham age-herald., 1915-10-01
Attorney for Board of Reve- nue Thinks the Act Is
 Unconstitutional
FRIENDLY SUIT IS
 PROPER SOLUTION
This Is Opinion of Dr. Lovelady. Terry Says Supreme Court Has Held Attempt to Change
 County Seat Is Illegal

Dr R. F. Lovelady. president of the Jefferson county board of revenue, is of the opinion that friendly suit should be entered at once to test the constitutionality of the recent act en- acted by the legislature establishing branches of all county offices in Bes- semer. This matter. according to Dr. Lovelady. should be settled at once by the supreme court of the state In order to avoid any undue irritation between the citizens of Bessemer and of Birmingham. |.
 The opinion of pr. Lovelady was given after w. K Terry. attorney for the board of revenue. had submitted a written statement to the board of rev enue yesterday morning which declared in effect that: The act was in viola ton of sections Al, 39 and 45 and 104, subdivision II of the constitution of Alabama of 1901. and therefore in- valid"
 The opinion of MT. Terry was re- quested by the board of revenue fol- lowing meeting last Monday in which the matter of constitutionality of the act was questioned by a dele gation from the Birmingham Real Es- tate exchange. This morning the board of revenue will again meet, but 1t Is unlikely that any action will be taken on the opinion submitted by Mir. Terry, as members of the board feel that the initiative should be taken by other than interested parties.
 "The matter is in statu quo." said Dr. Lovelady, "and unless someone comes forward with a definite plan of action l am of the opinion that noth- ing will be done at the present time According to my way of viewing the matter, friendly suit that would test the constitutionality of the act before the situation"
 The opinion. of Mir. Terry follows in detail:
 Opinion by Terry
 "In view of the fact that a delega- ton of citizens of Jefferson county have. with their attorneys, appeared before your body and protested against any action to be taken by the board toward honoring acquisitions of county officers for stationery blanks and records for branch offices at Bes- semer, as required by the provisions of a recent act of the legislature. upon the ground of the alleged unconstf- nationality of said act, I submit as requested by you my opinion on the validity of the act in question as fol- lows:
 'I think the act is In viola ton of sections 41, 39 and 45 and 1O4, sub division II. of the constitution of Ala bama of 1901. and therefore invalid.
 h. l...A intent and purpose of the act is to create a separate and distinct seat of government at BesseHier over that part of the county over which the cir cult court which is to be held at Bes- semer has Jurisdiction. The effect of the act. if valid. both in its title and body will carry out that Intent and purpose. as comprehensively as it is possible for language to do, without its being actually entitled an act to establish seat of government at Bes- semer. for that part of Jefferson coun- ty. over which the circuit court. which is to be held at Bessemer has Jurisdiction.
 Tn the case of Griffin vs. Carter. 116 Alabama, 160. in which the supreme court through Justice Mcclellan. con strued an act very similar to the act under discussion, requiring the probate judge of Blount county. while the coun- ty seat was at Oneonta, to keep rec ords and a clerk of the courthouse at Bangor and hold regular sessions of court at Bangor, 1t Is said at top of page 165 of said decision: The only reasonable intent fairly deducible from the language employed was to separ- ate the western division from the bal ance of the county as completely as tha. might be done by It's erection into d new county for all the purposes of the administration of the probate office within the particular territory. And such is the necessary effect. of the act. operating in conjunction with general
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