The Birmingham age-herald., 1917-01-21
Sharpe Holds Act COnstitu- tional Giving the County
 Solicitor Authority
APPEAL IS TAKEN
 TO SUPREME COURT
Judge Black Announces That He Will Continue to Exercise Au- thority of His Office in
 Criminal Court

Solicitor Hugo l.. Black scored n
 signal victory when Judge Sharpe nn-
 nounced that the quo wnrranto was
 denied in the case of the state of Ala
 bama, ex rel ZeII Gaston vs. Hugo
 IL. Black and held that the act re-
 tnining him in office with the powers
 heretofore held by him was in acccrd-
 ance with the constitution.
 While 1t is contended that the court
 did not rule whether Circuit Solicitor Joseph R. Tate or County Solicitor
 Black was the chief prosecuting of ficer, the effect of the ruling gives Solicitor Black the right to exercise all the duties and powers heretofore vested in him until the supreme court decides otherwise.
 This brings up the question as to whether Judge Blacks appointees or the more recent appointees of Judge Tate as assistant solicitor will be rec ognized by the court on Monday morn ing when the criminal division of the consolidated circuit court convenes. This outcome is watched with inter est.
 NOTICE OF APPEAL Attorneys for the relator, Zell Gas ton, filed notice of appeal on the rem dition of Judge Sharpe's decision. So far as the local criminal court is con- cerned it is understood that Solicitor Tate and his forces will appear on Monday morning as the represents tives of the circuit court of the coun- ty, and that Judge Black and his
 the business of the court as hereto fore. According to the decision of Judge Sharpe, Solicitor Black will be in the saddle and 1t will be up to the opposition to unhorse him.
 The points decided by Judge Sharpe are that Solicitor Black will continue in the office to which he was elected by the voters of the county until 1919; that he will continue to represent the state i'm the criminal division of the circuit court as he former ly did by virtue of his authority us solicitor of Jefferson countys that he will continue to be the chief prosecuting officer of the countyy that he will continue to appear before the grand jury and SAoh Ah~AStAAChtb} NnC VHU- visions of the general soIicitOrg bill as enacted by the legfslature of 1915 continuing his office. du- ties, and authority is valid and constitutional.
 FIRST CHAPTER
 l This litigation marked the first chap | ter of the controversy as to the status of Solicitor Tate, and Solicitor Black, and as the proceedings were started with the intent to oust Judge Black from office, the result may be declared a victory for him. The proceedings were instituted in | the name of the state by Zell Gaston alleging that Solicitor Black had ursurped, intruded and unlawfu1ly exercised the
 duties of circuit solicitor. prosecuting at 1 torney and deputy circuit solicitor 1 Judge Black denied that he had in truded into either of these offices, but
 admitted that he was appearing Tn the criminal division Of the circuit court as chief prosecutor and stated that he in tended to continue to do so unoer the provisions of the law. He recIted the fact that he was the solicitor of Jef-
 ferson county, elected by the people as
 such and that he had the right to ap-
 pear and control cases in the criminal
 division of the circuit court.
 ANSWER ATTACKED 1 Felix Blackburn and 0. B. Powell, at-
 torneys for the petitioner. Zell Gaston,
 attacked his answer, alleging that the law under which he claimed the aforesaid rights was in violation of the constttu-
 ton because the title to the act was net broad enough to cover all its pro- visions, and also that the bill had Tot been sufficiently advertised. Both con- | tentions were overruned by Judge Sharpe, who held that Solicitor Black is still the ! county solicitor with the right to repre- | sent the state In criminal causes in the circuit court.
 l Attorneys fer the petitioners gave mo- tice of an appeal, which will prooably
 come before the supreme court at an
 early date, owing to the importance oi | the question involved.
 | In the meantime it is expected thai other objections will be raised in rhe court on Monday as Solicitor Tate has appointed assistants claiming the rights i to direct the criminal prosecution of lief ferson county. Solicitor Black announce: that he will continue to exercise the au thority of his office and will be in charge of the prosecutions in the criminal di vision of the circuit court on Monday.