The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-06-19
COUNTY SHOULD PAY.


the only constituted authority to make
inquiry as to what use is made of their
money? According to Mr.. Cams con-
tenuon, there is no one in Chatham
county with authority to examine the
books of the commissioners except
themselves. And, while there is a limit
fixed to the amount they can tax,
to wit: the approval of the amount
by the grand jury, nevertheless, after
the taxes are gathered in, the tax gath
erers can close the door and do what
they may with the money, and no
one can inspect their books, or re-
quire a statement of expenditures. Such
a statute as that cOntended for is be-
yond the power of the Legislature to
enact. These commissioners are trus-
tees, and any statute passed to place
the property of a person or a county
in the control of a trustee without
subjecting him to visitation in some
method is unconstitutional To make
the commissioners the sole examiners
of their own books is similar to max
ing a man the judge in his own cause
"a thing, says Lord Coke, that the
omnipotent Parliament cannot do.
But there is another and a sufficient
answer to Mr.. Cams contention. 1t
is that the exclusive jurisdiction given
TO the commissioners does not include
the powers given to the grand jury.
The exclusive jurisdiction of the com
missioners is TO examine and audit
the accounts of all officers having the
care, management, keeping, collecting
or disbursement of money belonging to
the county or appropriated for it's use
and benefit. and in bringing them to
a settlement"
But. as l read the act establishing
the commissioners for Chatham and
Sections S36 and S37, the law is not
thus written as Mr.. Cam contends. l
have already stated my construction of
that local statute and will not repeat
it, In my opinion, Sections S36 and
S37 are not even changed by the local
act of 1873
This is a remedial statute. 1t reads:
THE grand jury may, when they deem
it necessary, appoint, etc. This is a
large discretion The jury is the sole
judge of the necessity. The necessity
may be urgent. The work may be in
tricate. Experts may be required.
much time may be consumed in the
examination. The jury may not en-
brace one good accountant. The eX-
perts needed may have to do the work
at odd times. They may have their
own business TO transact meanwhile.
states Power CIrcImscribed.
The fourth and last proposition of
Mr.. Cam is, that there is no law that
provides payment for the work done
by petitioners. Over twenty cases were
cited to show that no public money can
be paid for any service without eX-
press authority of law. This general
proposition is undoubted. but it's Tppli-
cation to this case is not so clear. Mr.
Cam says the power to appoint citi-
zens is not authority to employ them.
He says: THE state has the right
to require services of its citizens with
out any compensation" This propo-
Sition must be accepted very cautious
ly, and held within very narrow linn
it's. A few instances of that right can
be stated, as the right to require mill
tary service, or to require a posse to
aid a sheriff in arresting a criminal
But when we seek to apply that right
to the civil department, we find much
difficulty to make it fit. The state cam
not deprive a citizen of his liberty for
a moment, except for crime. The state
cannot say that any one man, or class
of men, shall spend weeks or months
as experts in examining the books of
the states officers. or of any one, even
with payment provided, unless that
man, or those men. are already off,
GERS or agents of the state.
While the question here was not
made before the Supreme Court in
Rurst VS.. Morgan, Tooth Georgia, page
436, still the court, arguendo, says the
citizens thus appointed by the grand
jury are, for this purpose, public Off
GERS" and quotes approvingly the Ian
guage of the trial judge, who said,
the compensation of such persons is
not an ordinary debt, but in the ma
ture of a salary. and it is an expense
of discharging a governmental func-
ton. If the county can be ;nterfered
with in paying such official expenses,
the salaries of office might as we'll be
attached in the same way"