The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-18

MORE MANDAAMUS
SUITS STARTED BY
ATTORNEY GENERAL
Phase in Controversy With
Governor Develops Which
May Disrupt Status State
Legal Department

Montgomery, October 27-(special)-A
new phase in the controversy between
Governor Henderson and the attorney
generals department developed today by
the entry of two mandamus suits in the
circuit court of Montgomery by Attorney
General w. l.. Martin himself and Spe-
cial Assistant Attorney General Perry w.
Turner against the chief executive. The
former seeks to force the governor to
approve an account for $50 for expenses
incurred by the attorney general on a
trip to Russell county late in September
to attend a session of the circuit court
The latter would force the chief execu-
tive to honor the payment of his salary
of $3.50 for the month of September. 1t
develops that the governor has declined
to pay Mr. Turner any further salary
LAW IN BALANCE
The life of the attorney generals bill
passed by the recent legislature is in the
balance as a result of legal questions
precipitated by todays mandamus suits
Not only are future expenses of the at
torney generals department jeopardzed
but if it should be held that the bill car
ries no appropriation, persons who here
tofore have collected from the state for
such expenses and services might be La
Bile for refund. The expenss of the en-
tire Investigations in Russell county as
vel, as the Iawler probe in Madison
county might be affected.
1t is quite possible that the two spe-
cial assistant attorney generals, Perry
w. Turner OF Birmingham, and Lawrence
E. Brown OF Scottsboro. both of whom
have been employed under contracts ap-
proved by Governor Henderson, could be
liable for the refund of salaries already
collected as we'll as to be cut off from
future compensation.
FAR-REACHING CONSEQUENCES
Farreaching consequences are pointed
out in some quarters, should the ap-
preparation of the bill be declared invalid.
1t might be impossible for the state to
employ special counsel or make investi-
cations or prosecutions in any part of the
state 1t is claimed that the expenses
for such services could not be paid from
the governors contingent fund inasmuch
as the remainder of the attorney gener-
ais bill, providing the manner of en-
ploying special counsel and mourning of
such expenses would still be in force.
The attorney general would retain his
power. but with no funds at his disposal.
Whether the governor can terminate
approved contracts with Messrs. Turner
and Brown proved source of specula-
ton. Those in the governors counsel,
however, maintained that if the appro-
priation is void, the governor had no le-
gal authority to approve the contracts,
hence validating the agreements.
Only few words comprise the appro-
priation section of the bill, which is I'M
der fire, which is as follows: There is
hereby appropriated out of the state
treasury sum of money sufficient to
meet the expenses incurred under the
provisions of this act"
GOVERNORS CONTENTION
Under advice from his attorneys the
governor contends that because no stipu-
lated sum is named, the appropriation is
not within the constitution.
Three questions. including the fore
going, are involved in the DAILY, Turner
and Martin mandamus cases instituted
against the governor The other two are;
Can the governor be mandamused and
has the governor discretion in approving
expenses incurred under this act
1t was generally understood tonight
that the three cases will be heard stimuli
taneously by Judge McCord and carried
to the supreme court at the earliest mo-
ment, for a test of the act. Judge Nc
Cord however, holds court in Elmore
county this week, and in Autauga the
succeeding two weeks.