The Montgomery advertiser., 1906-10-31
NO AUTHORITY
 FOR BAILlFFS Too Many Employed by
 County. REPORT ON THE ACCOUNTS Books of Board of Revenue Arc
 Examined. Judge Purifoy Calls Attention to Vio- Iation of Law. hut Comnends Emciency of Clerk s. T. Westcott.

A variation from the statutes by the payment of six bailffs throughout the July, 1905, term of the Criminal division of the City Court, without an order from the court authorizing the employment of more than three baIliffs for the entire term, Is pointed out in a report on the books and ac- counts of Major $. T. Westcott. clerk of the Board of Revenue. submitted I President Houghton of the Board of Revenue yesterday by Judge John Pur- ifoy.
 The special examiner, who has been at work two weeks examining the books, found the account of Major Westcott in balance, drawing atten- tion to only a few minor clerical er- TOTS.
 Judge Purifoy found constitutional conflicts in the system now in vogue Dy which the county defrays the ex- penses of prisoners sent from one county to another for trial. He re- ferred especially to the removal or six prisoners by Sheriff Waller to Montgomery County for trial, the fees. expenses and per diem. amounting to $53.6O, being paid from the county
  review of the law on the subject, and in concluding said: The payment of these expenses from the county treas ury, 1t seems to me. is clearly uncon- stitutional, and if the matter was brought before the proper tribunals 1 think they would so declare"
 In his report. Judge furifoy said that, under the law, the clerk of, the Circuit Court is not entitled to 8 per r,,t tfAs, ~f ha court.
 lne examiner found a discrepancy of $S in the fees of the County Court. which was promptly refunded by M. $. Gilmer, clerk of this court.
 Clerk WestcOtt COmme nded.
 In conclusion, Judge Purifoy com plimented Major Westcott for his sys- tematc arrangement of papers and for close attention to the work of the office.
 The report of Judge Purlfoy fol- lows:
 Hon. NJ B. Houghton,
 President of the Board of Revenue.
 Montgomery County, Alabama.
 Dear Sir.-Under instructions from you. I have checked the work of the clerk of the Board of Revenue for the period beginning with May ], 1905. the date to which this work had been previously checked, to the 1st of Oc- tober, 1906.
 During this period the clerk, Mr. jor s. T. Westcott, has issued war rants payable from the general road and bridge, and fine and forfeiture funds. I verified the calculations in all vouchers that came into my pos session. In several I found minor er- TOTS, sometimes for the county and sometimes against it. When summed up, the general result shows practical ly a balance so far as the county's interest goes.
 Tn checking the fees collected from the county treasury. on account of service rendered by the judge of the County Court in the trial of criminal cases, I noted several errors in the accounts. In some cases more was collected than was authorized by law: in others not as much, while one case was collected for twice; one case on which the judge was entitled to fees was not collected at all. In summing up and balancing the errors I found that there had been collected from the treasury $500 too much. This sum was promptly refunded to the county treasury by the clerk of the County Court. Mir. M. s. Gilmer.
 Too Many BaiIins.
 My investigation showed that five and six baliffs had been paid for at tending the terms of the criminal di- vision of the City Court. Inasmuch as the statute provides for but three, and additional ones on the order of the court only, examined the minutes of the court and found orders entered up covering all except for the July term. 1905. The order at this term authorized six bailiffs during the ses- sion of the grand jury They were paid, however. for the entire term of the court, MT. II. N Hughes. the present clerk, and who was deputy clerk during the term under consid- . eration. says he is satisfied that an order was made for a continuation of the six bailiffs during the entire term but was not spread upon the minutes
 Tn the course of my examination found the clerk of the circuit coutt had been receiving per diem for keeping the minutes of the court during its sessions. And further that this per diem was refunded or accoun- ted for when he applied for his ex- off1cio fees under the general law. The proceeding struck me as being so novel I investigated the matter s to its legality. The law providing for per diem to clerks for keeping the minutes of the circuit courts applies only to such counties as have but two hundred dollars per annum pro- vided for ex-offlcio fees; hence tht clerk of the circuit court is not en- titled to 1t, inasmuch as there seems to be a special law providing five hun dred dollars ex- -oficio fees for the circuit clerk of Montgomery county Removal of Prisoners. During the period covered by this examination, fees or expenses and pei diem to the sheriff for removing si7 nrIsoners, arrested and confined ir