Williams v. Schwarz
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Petition by the State on the relation of Lazarus Schwarz, for a writ of prohibition to restrain the Honorable Price Williams as judge of probate from examining into or finding the qualification of the signers to the petition, and from taking any action under the petition looking to the calling of an election to recall petitioner as a member of the Mobile City Commission.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Petition by the State on the relation of Lazarus Schwarz, for a writ of prohibition to restrain the Honorable Price Williams as judge of probate from examining into or finding the qualification of the signers to the petition, and from taking any action under the petition looking to the calling of an election to recall petitioner as a member of the Mobile City Commission. From a decree awarding the prohibition the Probate Judge appeals.
1Opinion of the CourtMayfield, J.
This appeal presents for decision the question whether or not section 14 of the statute creating a commis*41sion form of government for the city of Mobile (Acts 1911, p. 330), is violative of section 175 of the Constitution of 1901.
The statute creates the office of commissioner, and fixes the term of office at three years, “and until the successors are elected and qualified.” Section 14 thereof then provides the term of office so fixed, by an election to be held for such purpose. The evident effect of this provision is to afford the opportunity and means of removing an incumbent during the term…
2Cases cited3 opinions
- State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
- Touart v. State ex rel. CallaghanSupreme Court of Alabama · 1911
- Nolen v. State ex rel. MooreSupreme Court of Alabama · 1897
3Cited by56 opinions
- Parker v. AmersonSupreme Court of Alabama · 1987
- Collison v. StateSupreme Court of Delaware · 1938
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Wilkins v. WoolfSupreme Court of Alabama · 1968
- Jefferson County v. BusbySupreme Court of Alabama · 1933
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