The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-08-25
COUNTY OFFICIALS
MUST FILE BONDS
General Act on Subject Seems
to be Plain
JEFFERSON TEACHERS PASS
Governor Cunningham Is Being I'M
portuned to Remit imprisonment
of Duncan Case, the Assail-
ant of p. cosminsky.
JEFFERSON TEACHERS PASS

= Montgomery. August 4.-(Special. )--Ac-
| cording to an act of the last legislature
approved September II, 1903. 1t is believed
| by the officials of the state capitol that
all county officers must have their bonds
| for extended terms filed in he office OF
the proper official by September 10, 1904
or. by such failure to vaeate their Office.
This section is thought to apply not only
! to sherifls and other officers, put to tax
collectors and assessors as we'll, though
there is also section which mentions
particularly these last two offices, and
on which the Encouragement has rem
dered an opinion to the effect that bond
must be filed within fifteen days after
the first day of September with the judge
Of probate and within forty days In the
office of the state auditor.
General Provisions.
The general act stipulates that sherffs
and other county officers whose terms
have been extended by the legislature or
the new constitution beyond the time for
which they were elected, are severaly
required to furnish bonds covering the
extended term, such bonds to be ap-
proved in the regular way provision for
which is found in the code of 1896. The
last section of this act composes the por-
ton which has given some trouble. 1t
goes on to say:
THAT such bonds shall be filed and
approved by or before the 10th day of
September, 1904 and if any such officer
fails to execute such bond by the time
mentioned in this section, he vacates his
office, and in such case 1t is the duty
of the officer in whose office such bend
is required to be filed, at once to certify
! such failure to the appointing power,
and the vacancy must be filled as in
other cases. This act was approved
September II. 1903
Attorney Generals Opinion.
Having been asked for an opinion gov
erning the filing of bonds by tax asses
| sors and collectors, Attorney General
| Massey Wilson, on June 25 last addressed
| to the auditor. Hon. Thomas l.. Sowell,
| the following letter:
81 have your letter of the 23d inst,
| asking when tax assessors and tax col
| lectors are required to give new bonds
| for the extended terms under the act ap-
proved October 1, 1903.
by the provisions of that act the terms
| of office of the several tax assessors and
| tax collectors were extended to August
| l, 1905, and they were required before
| entering upon their duties for the ex-
| tended terms to execute new bonds for
| such extended terms. (Acts 1903, p. S79).
| These officers were elected for four years
| from the first day of September, 1900, and
until their successors are elected and
qualified Code So56. Their terms would,
| therefore, expire September l, 1904, had
| the law remained as when they were
| elected. The provision that they should
| hold until their successors are elected
| and qualified has been construed to mean
| only such additional time after the ex-
| piration of the fixed term as is necessary
to enable their successors to qualify.
| montgomery VS.. Hughes 60 Alabama,
| POI; Lane VS.. Cobb, 92 Alabama, $685. $40
and $3.50. The successors of these officers
| are required to execute bonds before
| entering upon the discharge of their du-
ties. Code 3994) They are their own
successors for the extended terms men,
toned. Each of these officers must file
one copy of his bond in the office of the
| judge of probate within fifteen days, and
| one copy In the office of the state audi
| tor within forty days after the beginning
of the new term, which will be Septem-
Der l, 1904. Code $685. $780, 1923. 1884, A
failure to file a copy of this bond In the
| two offices within the time stated will
vacate his office. Code, 3OS5)''
| Inc general act, which was approved
| September 18th. did not specify particu-
! lar offices except that of sheriffs but
| the other act which was approved De-
| tober 1st, several days later. particularly
| rpe Gifted tax collectors and assessors Be-
cause of this latter specification the at
| torney-general took the position that
| these offices were not governed by the
| general act inasmuch as the act dated
! later made special mention of their cases
| He, therefore, dwelt with this feature
| from the standpoint of the code under
| which the elections were first held.
| The Safe Side.
| The author, however. thinks that there
|, is a possibility of the first act not apply.
| ing to tax offices as well as to others
| and he is of the opinion that to be on tn,
| safe side, these as well as all othel
county officers whose terms of office
| have been extended. should see that new
| bonds covering such extended terms arr
| filed with the proper officers by or befori
| September 10. At any rate, this Is thu
| safe thing to do, no matter what tn,
courts might decide al a later day, wal
| the correct position on the whole matter
1t should be noted In this connection
that bonds of sheriffs do not have to b.
| sert TO the state auditor, and when the.
are sent to that official he is forced L
return them. The bonds Of these officer
are tc be filed with the probate judges
| who are authorized to approve the secu
rity offered