The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-02-01

Continued From Page One.)
lers by providing that they shall not have
over to prescribe how books and ac-
cunts shall be kept or to regulate the
node for conducting business in any public
flee. And then, with peculiar en-
'hasis, it denies the examiner any function
n expression of opinion, by declaring that
whenever the legality OF any payment is
involved, he shall submit the principles of
.aw involved to the attorney general for
his advice and opinion, and be governed
thereby
Powers of the Examiners
Now, before proceeding to the next pro-
vision of that section, let us note and bear
carefully in mind, that what has just been
stated from the statute shows that the
powers of the examiners, are first, ITO
audit and examine the books accounts and
vouchers of the specially named state Of
fieials, under the direction of, and when
ever required by the governor; next, when
ever required by the governor, ito examine
the accounts of any state or county officer
charged with the duty of collecting dis
bursting any part of the public revenue,
and then comes the next and last provis-
ion, which is: said examiner or either
of them may investigate and examine the
books and accounts of any county official
whenever directed to do SO by the COVER
nor at the request of ten reputable, bona
fide citizens of any county, and in making
such examination 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 a 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 ,a s..l-.t
Examination Restricted
Here the examination is expressly re-
stricted to the same powers as con-
ferred upon them by law in and for the
examination of state officers which is an
examiner of accounts of officers charged
with the collection or disbursement of any
part of the public revenue, and all connec-
ton with or authority or control over, or
interest in the examination is withheld
from the state or governor by the provs-
ion that the examiner is required to make
a 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 there
% No report is to be made to the COVER
under that provision, and that made
he circuit judge is entirely without the
troll, use or right of custody of the gov
,r, or any executive officer for any pur-
whatever. Who, in the name of all
is rational, ever contemplated for one
lent that the Examiner of public ac-
ts' under these laws, had right, at
bidding Of any one, governor or any
else, to go into the commissioners
( or any other court, where there is
m officer, state or county, with a YES
tiSe OF shadow of authority to receive or
disburse dollar of public money, and set
up a judicial surveillance and censorship
over the policies and practices which have
governed the court or it's members in the
administration of the ministerial pow
ers and duties conferred upon it or them.
and above all over the sacred exercise it.
self of the judicial powers and functions of
the tribunal as they are defined by the
laws of its creations Behold the specta-
Gle here presented by this assistant ex-
amineri
Judicial Tribunal
The court of county commissioners is a
judicial tribunal, in express words, constl-
.uted by the law of its creation "a court of
'ecord." Code, sec. 951) In the dstribu-
ion of the powers of state government by
he constitution, 1t becomes a part of the
Judicial department of the state. It's rec
rds are the sole memorials of the vital
ctivities of its being. Its functions are of
Ugh import and public value. With no
more than the authority of private citi-
en-, acting for his private use hands are
aid upon these records in Jefferson county
heir contents probed to the last extremity
we may not say to the last degree of un-
lgnified littleness of detail, without re-
gard to whether they evidence judicial OF
ministerial acts; private ex parte investiga-
ions are set up and conducted according Ii
he assistant examiners own fashion what
ever they may have been; the by-ways
and the hedges of the county are explored
that some crookedness of some member Of
the court might be hunted up and paraded
startling nepotisms of some members of the
court consisting of the awarding of few
contracts by the court to kinsmen are par.
aded without suggestion. We believe that
the county was injured thereby: the Judi
clal decisions of the court are industriously
investigated, and many other similar acts
resorted to and after a mountain of labor
the great volume of the assistant examiner
is put forth and hurried into public print