The Birmingham age-herald., 1908-04-14
Teachers Examination Fees
 Should Go to Treasury
GUNNELS QUOTES THE LAW
Says State Examination Board Is Judic-
 al Body and Has Right To Reeu- late Special Examination Fees-Reports Filed.


 aminer of Public Accounts Il. Y. Brooke takes occasion to criticise the department of education's policy with regard to fees for special examinations, taking the po- sition, inferentially at least, that the amounts should not go to the board of examiners, as is now the case.
 State Superintendent Gunnels, on the other hand shows that the practice is upheld by the law, interpreted to that effect by former Attorneys General Brown and Wilson, and sustained by the pres ent attorney general, the Hon. A. M. Garber. There will be absolutely no change in the policies of the office,' said MT. Gunnels in a statement made with regard to the report.
 After saying that he had been instruct ed by the governor to make an examina- ton of the office of the state superin- tendent, the examiner reports that he found everything all right with funds <that pass through the office for distri- button, being the contingent and land sale accounts.
 Examination Fees.
 MT. Brooke then refers to the fact that under the law and rulings by the attor- neys general the special examination fees go to the board of examiners and make a place on this board one of the best paying in the state. He found that this board drew for per diem, at S5 per day, during last year the sum of s9022. and making a total of $7612.
 
 it took longer to examine for one set of applicants than another and also made some criticisms of the department ex- penses. This, however is fully explained in the fact that the force Is large, con- sisting of nine persons. He also said that some county superintendents' bonds were larger than others; also that at times there were more questions asked in examinations than at others, saying that specials were at times shorter than reg ulars. He noted, in addition, that 80 per cent passed the special examinations and only 645 the regular examinations.
 Law on the Question.
 Superintendent Gunnels made a state ment, given below, in which he indicates that he cares very little for what Mir Brooke thinks about the policy of the
 
 law has been followed to the letter, says that there will be no change.
 The state board of examiners is a judiciary body, and its fees are it's own to do as it pleases, just the same as the fees of a probate judge or a court clerk. This is the ruling Of the judicial officers. MT. Wilson, former, attorney general, in an opinion dated January 2S, 1903 under which the department was working dur ing the time covered by MT. Brookes re- port said
 "It is my opinion that the fees to be paid by applicants for special examina- tons should be retained by the state board of examiners as compensa- ton for holding the special examina- ton."
 In an opinion given to Governor Conner dated April 10, 1908, Attorney General Garber points out that the fact that the law directs that fees from regular ex- aminations shall go to the state treas ury limits that section to regular eX- aminations and cannot be taken to mean that others are to go the same way if the others are, by special statement, dl- rected to go otherwise.
 He rules with predecessors and con- cludes therefore, that "it is my judg- ment that the legislature intended that tie fees from the special examinations should go to the board (of examners) as special compensation for the work performed by it in preparing and grad ing the special examinations"
 With regard to the charge for per diem and fees in conducting special eXaminat tions, Attorney General Gar Der takes the position that per diem was intended to be allowed in the eX- animation of teachers at the regular periods He says: Tt is my opinion. therefore, that the $5 per diem compen- setion should be restricted to the ten days the appointed members of the board are engaged in conducting such regular examinations" However, he concludes this way: "I see nothing in the law directly prohibiting the board from holding special examinations on the days they are engaged in conduct ing the regular examination of teach CTS" The attorney general further says: "The solution of the question presented here has not been reached without difficulty and the proper in depreciation of the law s amended is involved in some doubt
 Effect of the Rulings. The effects of the rulings are that | the fees belong to the board of exam iners, to do with them as they please | and tf divide as they please, so long as all three are satisfied. Also that the members have the right to hold special examinations when doing other work | of the board. It is also a fact that tn e l law does not make it obligatory on tho members to keep record of the days worked. The accounts are made out tc