The Birmingham age-herald., 1917-02-21
Board of Revenue Refused Demand to Issue War
 rants for Salaries
SOLICITOR MUST ACT IN COUNTY LITIGATION
Black Notifies County Treasurer That Board Has No Right to Employ Special Attorneys as
 Has Been Done

Solicitor Hugo S. Black set the
 ball rolling to further test his
 authority to act as chief prose cutor of the county and to appoint
 assistants when he filed yesterday
 afternoon mandamus proceedings
 in the circuit court seeking to
 compel the board of revenue to
 pay the salaries of his deputies
 and office assistants.
 He also informed the board of
 revenue that he was the legal
 representative of the county and
 notified County Treasurer M. V.
 Henry that the board of revenue
 had no power to employ an attor-
 ney and pay him out of the coun-
 ty treasury.
 The mandamus followed the refusa of the board of revenue to order tht issuance of warrants for the payment of the salaries of his assistants yes terday morning. The action of the UOdIQ Ol revenue was idhCH 1OilOW- ing written opinion submitted to the board by their attorneys, Gibson Davis, in which it was contended that there was no real necessity for the appointment of assistants by Solicitor Black as those appointed by Circuit Solicitor Tate are made by law of ficers of the court, while the others are not"
 COST OF OFFICE
 The opinion also contends that ths cost to the county of operating the office of Solicitor Black is approxi. mately $20,OOO, while under Solicitor Tate the cost to the county would be only $2400, as the state pays the. bulk of the salaries in the latter office
 In this connection Solicitor Black states that the figures are misleading in that while the state pays the sal. aries of the circuit solicitor under the new bill it is public money just ths same and that a circuit solicitor anc three assistants at the salary fixed b5 law will be approximately the same as that paid the county solicitor. Ht also states that the expenses of hi: office including the employment of .
  to the grand jury, an office stenog- rapher and incidental expenses arc less than $15.00O.
 VOTE IS RECORDED
 Solicitor Black appeared before tht board yesterday morning. When the board announced it's decision to paJ neither the salaries of the assistant. of Solicitor Black nor that part of tht salaries ty fup I, to the assistants of Solicitor Tate, tn, solicitor requested that the vote oI the question be recorded and J. w Gwin, J. B. Vines F. A. Hewitt anl Rufe Bivins voted against the pay. ment of the salaries, while R. F. Love. lady voted for it. Later in the day the mandamus proceedings were filed
 In the meantime Solicitor Black ant his assistants, w. s. Welch and Der F. Ray are acting as prosecuting of ficers of the county and are in pos session of the court records. On Mon. day morning Solicitor Joseph R. Tate and his assistants, James Davis, J. P Mccoy and Wallace McAdory reported to the criminal court for duty ane appeared again yesterday morning Their services have not been accepted so far by Solicitor Black.
 The mandamus proceedings were brought in the name of fhe state oi Alabama ex rel Mrs W. H. Hyatt who is office stenographer for Solicitor Black, and whose salary is withheld by the board of revenue. They are di- rected against Jerry Gwin, Dr. J. B Vines, Frank Hewitt, Rufe R. Bivins and Dr. R. F. Lovelady as members of the board. It is understood that ir order to get the matter decided sery. ice is waived and that the hearing will be held before Judge Sharpe or next Saturday.
 COMPENSATION WITHHELD
 The petition sets out the fact tha Hugo l.. Black is solicitor of Jefferson county with the authority to appoint as sistants; that the relator, Mrs Hyatt. ii employed by the solicitor at salary o1 $60 per month; that the relator had ren dered service during the month of Jan. uary, 1917; that four members of tn, board of revenue had declined to appro priate the sum of s60 as compensation fol her service, and that one member was ready and willing to do, so.
 The relator further states that a recen, opinion of the supreme court authorized the appropriation for such salaries; thai the board of revenue had been informed of such opinion and that the county at. tOiiicy Hdu dCSidicd lHe Cldlil Nduu anC just and should be paid. The prayer fol, lows:
 '"rhe premises considered, the relato1 prays that your honor shall issue a per emptory writ of mandamus commanding the board of revenue. and each individua thereof to-wit: Jerry Gwin, Dr J. B. Vines, Frank A. Hewitt, Rufe R Bivens, and Dr. R. F. Lovelady to appear herein, to plead answer or demur to this petition as required by law, and that they show cause if any they have, why this court should not order them at once te
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