Ex parte Washington, 837

• Court: Alabama Court of Appeals
• Writing for the Court: THOMAS, J.
• Citation: 68 So. 686,13 Ala.App. 609
• Parties: Ex parte WASHINGTON.
• Docket Number: 837
• Decision Date: 13 May 1915

68 So. 686

13 Ala.App. 609

Ex parte WASHINGTON.

No. 837

Court of Appeals of Alabama

May 13, 1915

Appeal from Tuscaloosa County Court; H.B. Foster, Judge.

Habeas corpus by Mandy Washington to secure her discharge from imprisonment. From an order denying the discharge, petitioner appeals. Affirmed.

[13 Ala.App. 610] Wright & Fite, of Tuscaloosa, for appellant.

Brown & Ward, of Tuscaloosa, for appellee.

THOMAS, J.

The appeal is from an order of the judge of the Tuscaloosa county court declining to discharge the petitioner, appellant, on habeas corpus. Her alleged right to a discharge was predicated in the petition upon the ground that the judgment of conviction under which she was restrained of her liberty was null and void, in that P.B. Traweek, who rendered the judgment, while acting as recorder of the city of Tuscaloosa in a case wherein he was trying the petitioner for the violation of a municipal ordinance, "was," in the language of the petition, "wholly without power or authority to act as recorder, *** but was a usurper and intruder, whose act was not a judicial act authorizing the petitioner's imprisonment."

From the agreed statement of facts, upon which the habeas corpus petition was tried, it appears that said Traweek was exercising the duties of recorder under a temporary appointment from the president of the board of commissioners of the city of Tuscaloosa, who in making the appointment was acting under the power and authority of the following ordinance:

"Be it ordained [13 Ala.App. 611] by the board of commissioners of the city of Tuscaloosa, Alabama, as follows

"Section 1. That the position of recorder be and the same is hereby established for the city of Tuscaloosa and the police jurisdiction thereof

"[Then follow sections 2 and 3, which are immaterial here.]

"Sec. 4. That until a recorder is elected, or in the event of any vacancy in such position of recorder, or in the absence of a recorder, any commissioner of said city be and he is hereby authorized to appoint temporarily as recorder for said city any one that he deems fit and proper for the position of recorder, said [68 So. 687.] appointment to be effective for no longer than one week; and such recorder so appointed shall have and exercise all the power and authority granted to recorders of municipalities."

Such power and authority is fully set forth and defined in sections 1213, 1215, 1216, 1221, 1223, and 1224 of the...