The Birmingham age-herald., 1916-11-03
Consolidated Court Bill May Conflict With Constitu- tiOn Is Claim Made BILL SAYS BLACK
 SHALL HAVE JOB Place Held by Tate,s However, Is Constitutional One-Litigation
 May Follow to Settle
 Proposition

Through the operation of section lt of the consolidated court bill. enacted by the legislature in last session, will Hugo Black. after January I. lose his jobs
 heSarding the alleged probability that action seeking to displace the so- hcftOr, or at any rate. to establish his legal and political status. will he taken MT. Black said.
 Of course, I will combat these pro- ceedings It will then be up to the supreme court to determine the con- stitutionality of the act"
 Circuit Solicitor Tate said
 1 cannot be made to cross my bridges until come to them l have absolutely nothing at this time to say regarding this proposition
 THE LAW CITED
 It is said to be certain that efforts very probably friendly, will be made after January 1 to clear the clouds away" Section 10 of the consolidated court bill follows:
 All general, lOcal or special laws establishing the office of county so- licitor or the office of solicitor of any court by whatever name called, ex- cept circuit solicitors, and all general local or special laws in conflict with any of the provisions of this act are hereby expressly repealed, and all pro- visions of such local act or acts, as well as all provisions of all local or special acts applicable to such county solicitor or solicitors of any court in such county which are not in conflict herewith are hereby made applicable in all things to the circuit solicitor Of the county where such local acts apply just as fully and to the same extent as they now apply to such county solicitors or the solicitor of any court in such county Provided, how ever, that in circuits of one county having more than three judges and having a county solicitor elected by the qualified electors of the county, such solicitor shall, until the first Monday after the second Tuesday in January, 1919, be the chief prosecuting officer of the county and during such time continue to receive the same sal ary and from the same source as at the time and approval of this act and exercise all the powers now conferred upon him by existing laws.
 POINTS AT ISSUE
 It is stated that Solicitor Black is a legislative officer and that the criminal court of Jefferson county is a legislative court. By the consolidation of the courts the criminal courts are abolished, which leaves Solicitor Black in the position ot being legal official with no court to practice in.
 It is further stated that the office ot circuit solicitor is a constitutional one and also that the circuit courts are con- stitutional courts. The Milner act spe- officially provides that Solicitor Black shall be the chief prosecuting officer after the first of the year, and this, accord ing to some attorneys, is inconsistent in that it conflicts with the duties of Cir cult Solicitor Joseph R. Tate, who has two more years to serve.
 FRIENDLY TEST PROBABLE It is stated about the courthouse that Solicitor Tate will not be party to any quo warranto proceedings to oust Solicitor Black from office on the grounds that the Milner act is unconstitutional. The attack on Solicitor Black. if any is made will come as result of regular criminal trials docketed in the circuit courts after the first of the year.
 It is stated that the presence of So- licitor Black before a grand jury sum- moned together by circuit judge will be attacked as well as Solicitor Black ap- bearing in the circuit courts to prosecute cases.