The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-03-07


Special Term, March 6, 1899.
Treasurer of Said County:
Pay Roberts & Son "a corporation) OF
bearer $21180 for books, stationery, etc.,
furnished Jefferson county, out of money
in the treasury not otherwise appropriated.
P. II. EARLE,
Would Not Pay the Warrant
President Board of Revene
Treasurer Kenneth Hawkins declined to
pay the warrant, whereupon Roberts &c
Son petitioned Judge Wilkerson of the city
court for writ of mandamus, compelling
the treasurer to pay the warrant. After
hearing the petition, Judge Wilkerson or
dered rule issued to Treasurer Hawkins,
directing him to appear before the court
next Saturday, March Il, at $3.50 a. M, and
show cause why the writ of mandamus
should not be issued.
Organized for Business
Previous to all this the board of revenue
had met and formally organized except as
to the election of clerk, and Sheriff
" DITCH Hdu assigned 10 them the room
directly across the corridor from the sher-
IFS office. the room having been hereto
fore used by the sheriff and by Coroner
| Dallas as an office. A. ]. Camp performed
| the duties of clerk to the board.
Having organized, the board of revenue
made this demand on the county commits
| sioners, referred to In the address as
| former MEMBERS" and SO on:
1.-THE undersigned members of the .
board of revenue of jefferson county, =
commissioned according to law, having =
duly organized as such board of reve- .
nue. hereby make formal demand upon =
| you as former members of said COM =
missioners' court for all the records .
of the books, papers, office furniture '
= and other property of every kind be- .
| longing to Jefferson county, Alabama, Z.
which has come into your possession
such court of county commissioners or =
| as members of such court" =
.
| Commissioner Lacy acting for the court,
declined to accede to the demand, and then
| the fun began.
Warrant No.a
After passing warrant No. 1, the board
of revenue passed warrant No. for $95 to
pay the jantors and servants of the court
house. Tho treasurer declined to pay this,
as he had done with warrant No. /. There
upon Sheriff OBrien took 1t to Probate
Judge Stiles, and the two proceeded to the
room of the board of revenue. Judge Stiles
made a statement to the effect that the
county commissioners would be glad to
sign a duplicate. warrant; in which case
the county treasurer, having a warrant
from each board for that particular item,
would pay out the money. The board of
revenue assented, the treasurer cashed the
duplicate warrant, and janitors and ser
wants received their much needed wages
Question Of Paying
Under the ruling of the county commits
sioners, the sheriff, as the custodian of the
county building, employed the janitors and
servants and the board paid them. The
board of revenue claim that under sections
14O4 and 1417 the sheriff. as custodian,
should pay the janitors and servants; that
he should certify the vouchers for such
pay to the board for the necessary money.
This appears, however, to be a matter of
no particular consequence.
Two Boards at Work
So the two boards are at work, and will
proceed with business from day to day.
Whatever Judge Wilkersons decision may
be as to the matter of the petition of
Roberts & Son. 1t will be appealed to the
supreme court for final decision So 1t Is
understood. There Is little probability
that the hearing of the case will be con-
cluded in one day, for argument is likely
to be prolonged; and even after argument
Is closed the judge will take his own time
In rendering a decision 1t has been an
ticipated that the case will be taken up by
the supreme court in April. Meantime the
two boards will sit.
The county commissioners are represent
ed by Head C Wood, Bowman G. Harsh,
and Lane & White; the board of revenue