State v. Hamilton, 1 Div. 727.

• Decision Date: 26 May 1932
• Docket Number: 1 Div. 727.
• Parties: STATE EX REL. COFFIN v. HAMILTON.
• Court: Alabama Supreme Court

142 So. 71

225 Ala. 79

STATE EX REL. COFFIN v. HAMILTON.

1 Div. 727.

Supreme Court of Alabama

May 26, 1932

Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge.

Quo warranto by the State, on the relation of Frank S. Coffin and Frank S. Coffin, individually, against J. Gaillard Hamilton, to oust respondent from the office of judge of the juvenile court of Mobile county. From a judgment for respondent, relator appeals.

Affirmed.

Frank S. Coffin and Armbrecht, Hand & Twitty, all of Mobile, for appellant.

J Gaillard Hamilton and Stevens, McCorvey, McLeod, Goode &amp Turner, all of Mobile, for appellee.

BROWN J.

The question involved in this case is the validity of the selection of the appellee as judge of the juvenile court created by the act approved September 9, 1927, creating said court and his right to continue in and exercise the functions of said office.

Section 2 of the act provides: "There is hereby created a Juvenile Court Commission which shall be composed of seven (7) resident citizens of said counties who shall be chosen on account of their knowledge, interest in, care, education and welfare of youths of both sexes and who shall serve without compensation. The Board of Revenue and Road Commissioners, or by whatever name they shall be known of said counties shall appoint three members of the said Juvenile Court Commission who shall hold office at the pleasure of the said Board of Revenue and Road Commissioners, or by whatever name they may be known. The Board of City Commissioners, or other governing board of such cities or towns in which said courts are established shall appoint three members of said Board who shall hold office at the pleasure of said Board or Governing Board of such cities or towns in which said Courts are established. The six members of the Juvenile Court Commission thus appointed shall choose the seventh member of the said Juvenile Court Commission, who shall hold office for five years or until his successor shall be chosen. Women shall be eligible to membership on said Juvenile Court Commission. Four members of said Commission shall constitute a quorum. Said Commission shall annually choose its President vice-President and Secretary who shall hold office until their respective successors have been elected and qualified. The Secretary shall record its proceedings and its officers shall perform the usual duties indicated by their titles. Said Juvenile Court Commission shall perform, among others the following duties: (a) They shall appoint the Judge of said Juvenile Court; (b) shall appoint all Probation Officers and servants of said Court, except the Clerk of said Court and said Probation Officers and servants shall hold their places at the will of the Commission. All appointments shall be made subject to the approval and with the consent of the judge of said Court; (c) and they shall exercise such powers and duties as may be now or hereafter imposed by Law and such as are necessary or proper for...