Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1897-02-19
PUBLIC LAWS,
No. 1884. .,st AN ACT S. ISL
To Amend sections so, 81. So and 80 of the
Code of 1886. ,...r.y
AN ACT

| 1NO.sSof AN AL D. Sol.
To Amend Sections so, 81. 81 and 80 of the
Code Of, 1886. sev5
Section l. Be it enacted by the general
assembly of Alabama, That sections 80,
| 81, 81 and SO of the code of Alabama of
| 1885, he and the same are amended SO
| as to read as follows: so. Examiner of
| public accounts, and assistant examiners
| of public accounts. The governor is au-
| thoriz d to appoint an expert accountant,
| of known integrity and skill, who shall
| act as examiner of public accounts and
| whose duty it shall be. under the diree-
| ton of the governor, whenever required
| to do SO, to audit and examine the books,
accounts and vouchers of the secretary
| of state, the auditor, the treasurer, the
| superintendent of education commits
| sioner of agriculture and the werdens of
! the penitentiary-or such officer as may
| have charge of the books, accounts and
vouchers pertaining to the state convicts
| their hires and expenses and manage
| ment, and also the books, accounts and
| vouchers pertaining to the revenue re-
| ceiptS AMI expenses of the university of
| Alabama, the Alabama insane. hospital
! the Agriculturaland Mechanical college
| Of Alabama, the Alabama institution for
| the deaf, dumb and the blind. and of the
| several normal Schools of the state. and
| Of the several branch agricultural schools
| of the state. The governor shall have
! authority to direct and control the ex-
| aminer and when he deems it's necessary.
| may require him to examine the accounts
| of any state or county officer charged
| with the duty of collecting or distribut-
| ing any part of the public revenue The
| said examiner Of public accounts shall
| receive compensation at the rate Of ST.
| 500 per annum, and he shall pay al of his
own expenses. The governor may also
! appoint two assistant examiners of pub
| lie accounts who. shall each be subject to
his direction, and each invested with ali
the power and charged with all the duties
! as herein provided with respect to the
| examiner of public accounts. The COM
| pensation of each Sof the assistant ex-
aminers shall be Fixed by the governor
| at not exceeding IS per day while ectual-
| ly employed for the state; and the COVER
| nor may also elbow each, assistant ex-
aminer the additional sum of not more
than $3.50 Per day. far bis expenses while
actually .erpploYed.foF the state; and the
| governor shah Dre scribe the time fer
which said examiner and assistant ex-,
aminers shall be employed. When res
| quired by the governor to do so, the ex-
aniner or one of. the assistant examinerss
shall have the money in the treasury
quire either ,thessauditor the secretaryl
OF state or the attorney-general or
| all of them, to be present to
supervise the count and to join in certi-
Commission; Authority. Commissions
shall issue to the examiner and to each
| of the assistant examiners, vesting in
| them authority to do and perform thai
acts mentioned in the last preceding
| section; and they shall have authority 10
issue subpoenas for witnesses, whom
| they may have to, examine administer
| oaths to them and to compel their at,
tendance and shall have full authority
to require Officers. whose books and ac-
| counts are examined and their clerks to
render them assistance and to give them
information needed in the prosecution of
| their Investigations. = 1a..-! Z N
| Whenever any, officer or clerk refuses
to render the examiner or either of the
| assistant examiners assistance, or give
| them information as required by this
| section, or any witness fails to attend
| when summoned or refuses to testify the
examiner or assistant examiner, as the
case may be, must report the fact forth
| with to- any supreme court, circuit or
city court judge or chancellor, who shall
| Immediately Issue TuIe to said officer
| clerk or witness to show cause why he
should not be committed to Jail as for
| contempt. 80 On the day fixed in said
| rule, II 1t has been served, the judge or
| chancellor must examine said officer
| clerk or-eWitnesS; if he appears and I'M
| less some lawful reason is shown for
such def7uIt or refusal, must commit
| such offending person to Jail until he
| renders the assistance, gives the infor-
| nation, or testifies as required by law
| The examiner or assistant examiner, as
the case may be, shall not have power to
| prescribe how books and accounts shall
| be kept. or to regulate the mode of con-
Quoting business in any public office; and
whenever the legality of any payment
is involved he shall submit the princi-
pies OF law involved to the attorney gem
eral for his advice and opinion, and be
governed thereby Said examiner or
either of them may investigate and ex-
anime the books and accounts of any
county official whenever directed so to
do by the governor at the request of ten
reputable bona fide citizens of any coun-
| ty, and in making such examinations
they shall have the same powers as are
conferred upon them by law in and for
the examination of state officers, and
the examiner thus employed shall make
report OF his findings within ten days
after the conclusion thereof, to the Judge
OF the circuit court. of the circuit who
may call the attention of the grand Jury
thereto. 3d. Appointment revoca BILE.
The appoin tment of the examiner and
the appointments of the assistant exam
liners are revocable at the discretion of
the governor, In the event of revocation
the governor may at pleasure appoint a
successor. SO. Examiners report. The
examiner and the assistant examiners
shall, from time to time, report to the
| governor. under OATH the results of their
examinations, and the true condition and
state of the books and accounts exam
ined at the time of their examinations.
such reports shall be public records. Be
| fore each session of the general assembly
the governor may cause $50 copies of
such reports, with such explanat lions
and comments as the governor may think
proper to be printed, for the use of the
general assembly, which said printing
shall be done by the public printer and
paid for as other public printing is paid
for as,s aq5.., t,-s r ?
Approved Feb. H., 1897
Official. ]. K JACKSON
Fsff Secretary of State.