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MORGAN COUNTY COMMISSION v. POWELL

SC 404.

293 So.2d 830 (1974)

MORGAN COUNTY COMMISSION et al. v. Judge Newton B. POWELL et al.

Supreme Court of Alabama.

April 4, 1974.

Attorney(s) appearing for the Case

Julian Harris, Decatur, Truman Hobbs, Montgomery, for appellants.

Robert Straub, Decatur, for appellees.

Lusk & Lusk, Guntersville, amicus curiae for Alabama Association of Circuit Judges.

Oakley Melton, Jr., and Champ Lyons, Jr., Montgomery, amicus curiae for Association of County Commissions of Alabama.

HARWOOD, Justice.

In 1959, an Act was passed providing for the allowance of stenographic assistance to each judge of the Eighth Judicial Circuit. For convenience, this Act may be found as Section 125(28a), Title 13, Code of Alabama 1940 (pocket part). The Act reads:

"Section 1. Each judge of the Eighth Judicial Circuit is hereby authorized to employ such clerical or stenographic assistance as may be necessary to carry out the duties of his office. The salary...

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