The Birmingham age-herald., 1917-01-17
Proceedings Instituted to Dust Hugo Black From
 Office of Solicitor RIGHT OF RIVES TO BE CORONER CONTESTED Questions Expected to Be Taken to Supreme Court Before Finally Settled-Claim Coroner Must
 Be Physician

The status of the circuit solicitor tion as to who is the chief prosecutor for the criminal division of the con. solidated circuit court of Jefferson county is to be judicially determined. Both Solicitor Joseph R. Tate and his assitants, James Davis. John P. Mccoy and Wallace McAdory. and Solicitor Hugo L. Black and his assistants, W. s. Welch and Ben F. Ray. are preparing to carry on the work of prosecuting cases in the criminal court. which will take up a docket next Monday. Both solicitors contend they are the legally designated chief prosecutors for the court. On this point the court will de- eide
 Quo warrantO proceedings to oust
 Hugo l.. Black from the office of
 solicitor of Jefferson county, and
 similar proceedings to oust John
 R. T. Rives from the office of cor
 oner were filed yesterday in the
 circuit court. The petition against
 Solicitor Black gives Judge Zeii
 Gaston as reIatOr, while that
 against Coroner Rives was brought
 i'm the name of Henry P. Hanna,
 and was presented to Judge Ro-
 maine Boyd. The hearing of the
 proceeding directed against Soiici-
 tor Black will be held Saturday
 morning before Judge H. A. Sharpe.
 CLAIM TATE SOLICITOR
 The petitioner alleges in the case against Solicitor Black that he is un- lawfully holding the office and exer- cising the duties thereof. It states that when the consolidated circuit court was established the office of prosecut- ing attorney for the state was vested in Circuit Solicitor Joseph R. Tate, who was elected by the people of Jefferson county as such. The petition calls upon Solicitor Black to show by what right he is exercising the office. It was filed by Felix Blackburn, c. B. Powell and Morris Loveman, attorneys for the re- 1ator.
 Circuit Solicitor Tate stated yester- day that he invited the suit to test the status of himself and assistants as well as the status of Solicitor Black, and that the proceedings would de- termine the question.
 Solicitor Black stated that while the circuit court bill abolished the office of county solicitor generally, exceptions were made in such circuit courts as had three of more judges. He states that the statute expressly sets out the fact that the county solicitor who had been elected by the people should be chief prosecutor of the county and ex- ercise all the rights and powers con ferred by law as such. This, he states, ;+Io ,l,; 70 ha1 ho offfoa If chief prosecutor until 1919, and gives him the right to appoint assistants and prosecute cases. ee= D
 RIVES NOT PHYSICIAN
 In the case filed against Coroner Rives the claim is made that he is un- lawfully holding the office of coroner and sets out as grounds that the ac' of the legislature under which he holds said office expressly states that none but a regular practicing physician duly licenced under the laws of the state of Alabama shall be eligible to the office of coroner of D Jefferson county.
 It will be recalled that Dr. Leon A Fox was a candidate in the race for coroner and was defeated. He instituted mandamus proceedings, claiming that he was the nominee since he received the nlSneSI vote given any pny yoiSi1h in the race. He sought to compel the board of election managers to declare him the nominee. The court held that the point was not well taken and that any one could run for the office. II is understood attorney for the relatcr w. M. Woodall, contends that the con- stitutionality of the act has not been determined, hence the suit.
 Coroner Rives will continue to act as coroner pending the result of the suit, and it is probable that it will go to the supreme court for final adjust oof,t