The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-02-26


months or more to bring order out OF
chaos
Upon examining my original notes find
the following amounts we're allowed Judge
Porter for the two Years.
For making alphabetical list of reg
istered voters 49,. 49,. ..s.,.,......S ~
" For copying maps 1850. .............. 1o99
+" For ex-officio services ......... 4yo
:" For road services ........ ............. 10!
+" For presiding over the commissioners
court ten days In each month, 81 per day,
excepting the months when the court was
engaged in tax matters, when more Gays
were employed and the pay in proportion
I'm making the appendix to the report
put the ex-officio services at $l,OSO for the
two years. When We take into considera-
tion the amount of 1850 paid him Tor
work which under a sworn statement was
done for 81 200 this error will appear neon
siderable Much stress was laid upon the
affidavit made by Judge Porter concerning
this ex-officio service; but nothing seems
to have been said in regard to an affidavit
concerning $500 paid for work which cost
only 81 200
"Ex-Associate Justice Head in his able
defense and strenuous efforts to extricate
his clients from an unfortunate predica-
ment, alludes to the examiner as having,
by the use of a spy glass. discovered that
Mr.. Lacey had drawn pay for one more
day than there was in the year, states that
Mr.. Lacey had also used a spy glass and
discovered the examiner was in error, ex-
planning that he had drawn for one day less
the year before and added one day or the
next to strike a balance. The examiner
still adheres to his statement. The calcula-
tions were made from September to Sep
TENDER and not from January to January
Now, If Judge Head will call upon Judge
Stiles he can, without the use of spy
glass, learn that in December 1898,
month not covered by my examination, Mr.
Lacey was still day ahead, having drawn
for one day more than he was entitled to.
II was Informed that when Mr.. Lacey
came the next time for his per diem, the
amount ovedrawn would be deducted.
Mr.. Lacey's Bridal Trip
Nov, is there among the numerous affi-
davits of the defense. any one explaining
away Mr.. Lacey's having drawn his per
diem while away on a bridal trip?
1.-THE committee state in their adverse
report that the examiner made an error
in stating that w. NJ Burgin was allowed
500 for checking the books of the county
treasurer. 1 did not state this. In the APP
pendix will be found the amounts allowed
Mr.. Burgin for ex-officio services, etc. Just
under this entered as an amount paid for
checking the books of the treasurer $210. l
did not deem it necessary to state to whom
the amount was paid, as it was simply
memorandum; but for the information of
those who wish to know l refer them to
vouchers Nos. 1868, 297O, 2971, 1851, 1852 and
1888 1t will be seen that Messrs Hickman,
Newman, Tate and Davis received the
amount. Had the attorney who had pre-
pared the report for the committee ex-
pended one-haf the effort to ascertain the
true facts in the case, as he did to procure
the affidavit from Mr.. Burgin, there would
have been no necessity or replying to this
part of their report; and while in the affi-
davit business, why not secure an affidavit
as to the correctness of the amounts al
lowed Mr.. Burgin for costs in sci ia cases
and judgments on forfeited bonds?
1.-THE attorney who made answer for the
commissioners before the committee very
ingeniously called into requisiton and used
the 'scuttle-fsh act. So well did he apply
it that the committee seemed to have been
befogged and rendered a unanimous ad-
verse report upon the bill. The bulk of the
report upon my findings are not germane
to the subject. The opinion seemed to have
prevailed that all amounts set forth in the
appendix were charged by the examiner as
being paid without authority of law. I did
not state this, nor did seek to make any
such impression. I was instructed TO re-
port all amounts allowed for officio
services, etc.
"All these items were provided for by law
and l only criticised the manner in which
they were allowed, none of them being
sworn to as the law provides.
The Committee Imposed Upon
1.-THE committee was imposed upon in re-
gard to the amount allowed J. B. Francis,
for entering escape taxes This was
smoothed over by saying that this would
have been paid the assessor, consequently
1t was allowed. The law provided that the
collector shall report all escape taxes to
~.
tered upon the assessment book. The as
SCISSOR is not paid for this work. nor is the
collector.
SHERIFF O'Brien also appeared before the
committee and took up the cudgel in de-
Tense of the commissioners. He endeav-
ored to show that by his management he
had saved the county vast sums of money,
that the court had committed no errors,
that all amounts passed by them were in
strict compliance of law and that the pack
of hound-dogs were a necessity. but with
all his efforts and argument he signally
failed to show in the code of Alabama or
In that special code for Jefferson county
any act authorizing the appointment of a
master of hounds at salary of 5000 per
annum.
by reference to the Code of Alabama
and the Code Of Jefferson county, 1t will be
seen that the Sheriff must summon three
constables or deputies to attend at each
term of the circuit court and on order of
the court may summon additional consta-
bles. Section 926 of the new code provides
that the compensation of these bailiffs
shall be $3.50 per day. Under the old code
the allowance was 81 per day. VIII Sheriff
O'Brien or any one else contend that since
the adoption of the new code, which went
into effect in February last, that the COM
missioners were authorized to pay more
than $3.50 per day for these bailiffs? The
vouchers passed upon and allowed by the
court show that they are still paid 80 per
day.
"Under the special act for Jefferson
county passed In 1861, 1t was provided
that bailiffs, not more than two in number,
In actual and constant attendance and ser
vice upon the sessions of the criminal city
and circuit courts and not more than one,
so attending the sessions of the city court
of Birmingham, shall each be entitled to
salary of sixty dollars per month, except
for the months of July and August.
How DO They Draw Pay
"These bailiffs to be paid by the county
treasurer upon the certificate of the clerk
fhot thav bava for the Da CT month heen In