The Paducah sun., 1902-11-20
Claimed That Marshal and Prosecu-
: tor Cannot Collect Perquisites.
A Sweeping Resolution Said to Be
Probable at Tonight's Meet
ing Of Aldermen.
INVOLVES SEVERAL OFFICIALS

', Che board Of aldermen meeting to-
night. II is said that Alderman GO
Singleton, who took his seat a short
time AGO. will bring mp the matter Of
Illegally paying the city marshal, Mr..
r James r. Grow, and the prosecuting
attorney, Mr.. Jesse NJ GilbeIt,a part
Il OF the fines, costs aud forfeitures from
II the police court, and will ask a con.
siderstion Of the law relative TO what
disposition to make Of fees and COM
Asissions collected by officers.
Both Messrs. Grow, the marshal
i aud Attorney Gilbert were elected for
h four years last November. Marshal
1 Grows office Is abolished by the sec
N ond class charter. under whioh we are
i now operating, bat Attorney Gil
bert's IL not There is now a question
whether or not Marshal Crows office
remains In force under the second class
charter. and whether or { he can
I hold on and draw = salary not suthor-
\ lied or provided for under the pres
ent charter, until his four years ar 9
out lie is now paid t75 q year salary,
and gets large per cent OF fines and
J forfeitures.
The prosecuting attorney receives
one-thlrd of all fines and forfeitures
and no regular salary.
Il Is now proposed 10 spring on the
city officials tonight this law, SEQ
tion 10, page az, Of the second class
charter; IAN fines, and penalties
and costs collected in the police court
shall be for the use and benefit Of
the city, and the officer collecting
such fines and penslties shall make
daily reports Of such collections to
the treasurer. taking duplicate receipts
therefor, one OF which shall be deliv-
cred to the auditor"
This indicates that no matter what
charter the marshal and attorney
were elected under, they cannot col
n lect or use any part OF the fines,
costs or forfeitures from the police
tcourt, the greater part Of which they
Inow get, because under the charter we
fare now operating under, positively
leclares tha. such shall be "for the
<ase and benefit OF the city"
IN Tnis would leave Prosecuting Al
torney Gilbert without any oompen-
eation whatever. He now receives a
4 l per cent Of the fines and costs, and
this is his compensation.
~ The constitution prohibits the chang
y ing or fixing Of salary after an off,
Il ciAi has been elected, and attorney
,xGilbert was elected year ago, oonse-
buently, although the council has the
fwer 10 fix the salary OF the city
Attorney and city solicitor under the
second class charter, it oouldntt q,
This salary now, after he has been in
Office year.
As the present charter makes ne
fprovision at all FOR city marshal
NJ there is some doubt as to the legality
1 Of Marshal Grows holding on.
B11 But even IL he does, should the at
l Eorneys decide that his perquisites, like
Y the prosecuting attorneys one thirc
commission, must stop, he will re
k2teive only his regular salary, s7b.
Ny Another thing that is to be decided
X whether or not the city has right,
operating under the second class char
~ to collect in the police court tn,
kosts that are provided for under the
fhird class charter, and which may b.
hything the number of witnessel
Enskes them.
The charter under which Psducaf
a now working says: Section 8: "NC
Sdement for cost shall be rendered IL
ayor Of the city for greater
thount than the fine unless the judg'
Sthe police court shall be of th'
taion thai Judgment for full cost
tl be rendered against the offender
shall so certify"
IVA Is held that this means that thu
N that are now collected are OK
I've and illegal. For instance
" a man is fined 81 and costs 70
tin drupk. the total Is never les
a.. while the present law say