The Birmingham age-herald., 1916-12-11
Effort to Secure Early Decision From Highest
 Tribunal
TRANSFER OF CASES
 WOULD BE COSTLY
Status of Criminal Court Is Question Sought by Petitioners. It Is Said. Gov. Henderson May Have
 to Appoint Two Judges
By RICHARD F. LussIER

by ktCHAHD F. LI SAfER
 w. k. Terry, attorney for the board of revenue, will file an appeal to the state supreme court this morning on the injunction granted late Saturday afternoon by Chancellor Alfred H Benners restraining the payment of money for bills incurred in the trans ferring of cases from the criminal to the dockets of the new consolidated circuit court which comes into being the second Tuesday of next January. The granting of the injunction by Chancellor Benners means, if upheld by the supreme court, that the county criminal court was not incorporated into the consolidated circuit court act
 S. N. Gore was the complainant in the injunction proceedings and he is represented by the firms of London Yancey Brewer and Cabaniss & Bowie
 From conference of the attorneys last Saturday. after it became known that Chancellor Benners had granted the injunction, the account of which was carried exclusively in The Age Herald, it was also stated that an appeal by the attorney of the board of revenue would be filed inlmediately in order to secure an early decision from the highest tribunal of the state. The earliest hearing for the Gore in- Junction in the supreme court is on Thursday, December 21, and accord ing to the attorneys of both MT. Gore and the board Of revenue, that date will be taken advantage of to argue the merits of the case. A decision is expected before the first of the year.
 It is pointed out that the final ad- Indication of the issue raised by the Gore injunction is highly important to the board of revenue, as if matters had been allowed to go on, and the cases on the criminal docket trans- ferred to the dockets of the new con- solidated circuit court it would have meant the expenditure of several hun dreds of dollars. It is also stated that an injunction could have been grant ed at any time which would have ne- cessitated the retransferring of cases back to the criminal courts if up- held.
 TO ESTABLISH STATUS
 At the present time it is pointed out that the only plans of the men be- hind the Gore injunction is to ascer- tain exactly the status of the crim- inal court of Jefferson county. In the caption of the consolidated court act the criminal court is not mentioned and on this and various other grounds lucidly explained by Attorney Walter Brewer in yesterday mornings issue of The Age Herald, it is hoped to con vince the supreme court that the county criminal court was not incor- porated in the consolidation of the county courts by the acts of the re- cent session of the legislature.
 Should the supreme court hold that the criminal court is not part of the new consolidated circuit court it means that Gov. Charles Henderson will be called upon to fill a vacancy on the criminal court bench due to the expiration of the term of Judge Harrington P. Heflin, and the fact that no one has been elected to suc- ceed him. It is, however, pointed out that Governor Henderson would un- doubtedly appoint Judge Heflin to suc- ceed himself. as Judge Heflin, under the provisions of the consolidated court bill. ran for circuit judgeship and was elected for a term of six years On the other hand Judge Will liam Fort. who has two more years to serve on the criminal court bench. would not have to be appointed by Governor Henderson.
 A PUZZLING BILL
 Of course if the criminal court is separated from the consolidated cir cult and Judges Fort and Heflin de- eide to serve their elected terms as circuit judges, another perplexing sit uation will arise fn the fact that there will be 10 circuit judges in the Tenth judicial district with only eight judi cial divisions. It will also mean that Governor Henderson will be called upon to appoint two new criminal judges.
 One of the most pertinent features of the Gore injunction is that it was granted on the same principle that Attorney Horace c. Wilkinson will contend for before Circuit Judge Clare E. Smith next Saturday. when he will present his petition to mandamus Pro- bate Judge J. P. Stiles to accept and examine and check his petition con- taining upward of 40o0 names of voters who seek an election on a change of municipal government. The Gore injunction was granted on the constitutional grounds that In the caution of the consolidated court act ii made no mention of the criminal court. and Attorney Wilkinson will seek to nullifv the sixth section of the Lafertv bill on the same grounds
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