The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-02-01
COMMISSIONERS MAKE REPLY
TO Mr.. C0WAN'S ACCUSATIONS
Continued From Second Page.)

CONTINUED From Second Page.)
the operation of the sections quoted so
far as they refer to Jefferson county, were
repealed, and that the county commission
ers of the county were alone authorized TO
make purchases, or contracts, or pay out
money for Jefferson county.
BE it said to the credit of the present
board, when l called their attention to the
fact that it was costing the county too
much to light the jail and the sheriffs Of
fIces with electricity under the system in
vogue when was indicted into office, they
promptly instructed me to make such
changes as would remedy the evil as
my mechanical knowledge would suggest.
When l made the changes which reduced
the cost from 5000 per month to an av-
erage of $2S, they requested me to aid them
in reducing the water bill, which was run
ming up to $3.50 per month. This l did, with
the result that l succeeded in reducing the
cost to about $12S per month, average. The
commissioners court are not at fault for
the seemingly large expense for water and
fuel, and the comparison by the examiner
of zone of the largest hotels In the city IS
not a fair one. The toilet rooms of the
court house are in constant use by the citi-
zens attending the court as Htigants, wit
nessos, attorneys, officers and loungers in
large numbers. The jail, with average
daily attendance of 129, as per auditors re-
port augmented by average of thirty
United States prisoners making a total of
1859, are to be supplied with water to drink
and for bathing purposes, water to scrub
the three jails, covering a large area, and
to heat the same.
Difference in Systems
The hotels in Birmingham heated by
steam are run under what is known as the
HaXton or low pressure system, where the
condensed steam returns to the boilers by
gravitation, is reconverted into steam at a
maximum pressure of five pounds to the
square inch while the court house and Jail
are heated under the high pressure system
requiring a minimum pressure of sixty-five
pounds to the square inch, made necessary
in order to run pump which forces the
water back into the boiler This increased
steam power necessarily requires a greater
consumption of coal, a greater amount of
steam which requires great deal of water
to make it.
On page 81 the examiner says: "In addl-
ton to these accounts the sheriff has drawn
for two guards at the Jail, at q salary OF ~
per day, also for bailiffs in chancery court
and habeas corpus cases in Probate court"
/ am satisfied Examiner Cowan had no in
tention of conveying the impression by this
unexplained statement that these items
were paid without color of law, yet such
impression obtained, and many friends have
asked me '.how the commissioners court
could be so neglectful of the county's in
terest as to permit the sheriff to draw these
unauthorized sums from the treasury of the
county," BY reference to act OF the general
assembly of 1894 it will be seen that the leg
islature requires the employment of two
guards at the Jail at cost of 81 per day
each, to be paid by the county. Paragraph
80 of section 1877 OF the code of 1895 requires
the Sheriff to have in attendance on the
chancery court a bailiff to be paid at the
rate of 81 per day out of the county treas
ury. The code authorizes the employment
of bailiff in the probate court when in
session. See section 1893 revised code.
Tho Hire of Bailiffs
Section 925 relating to the duties of sheriff
requiring attendance on the circuit court
Gays the sheriff must summon three con-
tables or deputies to act as baiiffs in said
court, compensation to be paid out of the
county treasury. The acts creating the
criminal and both divisions of the city court
of Jefferson county carries with them all
the powers given by law to the circuit court.
Hence, under the law the sheriff Is author
lied and required to summon for the four
courts twelve constables or deputies to act
as bailiffs, which under the code of 1886
were to be paid 81 per day out of the county
treasury, making total expenditure OF
So, 712 for the terms of said courts running
continuously from the first Monday in Sep
ember for the criminal and first of October
,or the city court until the first Monday in
July and six months for the circuit court.
/ use in serving the courts mentioned above
five bailiffs at salary of $50 per month,
authorized by special act of the general as
sembly, see acts of 1861, at a cost to the
county of $3.50, or s3072 less per annum
than was authorized and required by law
to expend for bailiffs for the four courts sit
ting in Jefferson county Respectfully,
FRANK P. O'BRIEN,
Sheriff of Jefferson county.