The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-02-28
O'BRIEN REPLIES
TO JAS. G. COWAN
R0iuttS Statements Of the Assistant
Examiner.
HIS METHODS CRITICISED
Charges That Efforts We're Made
to Get Him to Assist
IN ABULIsHINe JEFFERSON COURT
The Sheriff Shows That He Was En-
titled to Fees for Which He Did
Not Charge-Suggests Exam
nation of the Examiner.

Sheriff Frank P. OBrien has prepared
the following reply to Assistant Examiner
James G. Cowan:
To the Editor of The Age-Herald:
crave your indulgence and ask space In
your esteemed journal to reply to Exam
liner Cowans incoherent attempt to justify
his incorrect statement OF the condition of
the affairs of Jefferson county, and to re-
veal the animus of the thrust at Sheriff
OBrien" because he took up the cudgel in
defense of the commissioners"
The impartial % examiner will not deny
that he was given written instructions by
Governor Johnston to examine into the i'm
provements made by SHERIFF OBrien" in
the court house and Jail whereby great saw
ings in cost of water and lights was had
for the county, and to make a special re-
port on the same; he will not deny that he
asked this same sheriff some time after he
had commenced his examination how 1t
was possible for him to have made such
cuts in the expense of lights ard water, all
of which were explained to this impartial
examiner"
The special report was not made, how
ever, for the reason that Governor john
ston's written instructions were revoked
because 1t was soon ascertained that
SHERIFF O'Brien" could not be used to
carry out his excellency's desires. If nee
essary, when the court day comes, Sheriff
O'Brien' will be prepared &c show the eff
forts used to get him to aid in the perse-
cution of some of the gentlemen composing
the board Of county commissioners: such as
the writing of letters by the governor to
one of his close friends, portions of which
were read to the aforesaid sheriff; an in
terview had with the same sheriff by one
of the governors close friends and rela-
tives in which inducements were held out
that the governors influence in a certain
direction could be secured if this same
Sheriff O'Brien' would hands-off in his ex-
Will Anal. 10 ahe Examiner
cellency's attempt to overthrow the COM
missioners.
We will now analyze this truthful and
impartial examiner" He says:
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 1926 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. Will 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 " per
day."
No; Sheriff o'Brien will not deny that tn.
code OF 1896, approved February 1897, re-
duced the compensation of bailiffs from 81
to $3.50 per day Neither will he deny that
the vouchers passed upon and allowed
show that bailiffs are still paid 81 per day;
but he will deny that Examiner Cowan
makes fair or truthful statement when
he attempts to lead the public to believe
that Sheriff OBrien'' has not complied
with the law, either special or statutory,
in collecting for bailiffs, see special act,
herein quoted by the examiner himself, al
lowing $50 per month to these bailiffs and
not $1.50 per day. See also paragraph 80,
section 1877, code of 1896, Fees allowed to
sheriff's attendance upon chancery court,
each day, to be paid out of the county
treasury, ST." See also section 1885, code
1896, under head of county court, Terms
attended by sheriff, ETC.; his fees: 1.-THE
terms of the county court shall be attended
by the sheriff or deputy; whose COM
pensation shall be 81 per day, to be paid
out of the county treasury" See sections
1852 and 1853 Code of 1896, under head of
"Habeas Corpus" section 1853, referring to
section 1852, says, "in cases provided for in
preceding section, the officer and guards
are entitled to the same compensation as
r1rico OH Of
venue. to be paid in the same manner"
BY reference to paragraph IS, section 4565
of code of 1896, under caption Fees of
Sheriffs," 1t will be seen that for removing
any priscner on change of venue the sher-
if is entitled to 50 for himself or his deputy
acting in his stead By this impartial ex-
aminer's own showing. Sheriff O'Brien"
has charged but 81 when a matter of
fact he is entitled by law to 50. So much
for that paragraph. See section 1856 as to
removal of prisoners from jail to hospital
on account of i'll health, see also section
1857 same; guards summoned, both quota
lions from code of 1896
q See If his next paragraph sizes up with
the law and the truth. He says:
Y "IJnder the special act for Jefferson
passed in 1867, 1t was provided
that bailiffs, not more than two in number,
in actual and constant attendance and SER
svice upon the sessions of the criminal, city
and circuit courts and not more than one.
$50 attending the sessions of the city court
of Birmingham shall each be entitled to a
salary of sixty dollars per month, except
flor the months of July and August.
'These bailiffs to be paid by the county
treasurer upon tho certificate of the clerk
that they have for the past month been in
actual and constant attendance and SER
xicee upon the sessions of said court. Do
the baliffs draw this amount in compliance
with law or Is the amount paid to the
sheriff? I found nothing upon the books
in ref-ard to the pay of bailiffs except In
tho - -"rs OF the sneriH.
Z "M;i 80 dictu;' he does admit in his
renlv 20 his critics. fact which he con-
ccaloa An rs report to Governor Johnston;
viz: That there was special statute which
authorized the bailiffs of the courts In JEFF
ferson county to draw for services $50 per
month instead of $3.50 per day. This act.
which he quotes correctly. authorizes the
employment OF two bailiffs each in the cir
cult. criminal and city courts. and not moro
10 NJ ft-r