The Montgomery advertiser., 1908-06-18
FEES FOR TURNKEYs
SOLICITOR DENT GIVES OPINION ON
 LAW.
Failure of New Code to Provide for Emolunents Perturb sherlffs -Sherf6 Hood Makes
 Pertinent Inquiry.


 The discovery ysthe sherifrs of the counties of the State that the new code of the State failed to provide for turn key fees by omission to insert them. has greatly perturbed that large body of officials. Solicitor S. H. Dent of Montgomery County yesterday declared that the omission was in violation of that section of the Constitution which declares that an officers fees shall not be increased or diminished during his term Of office."
 The discovery that the new code fall ed to provide turkeys fee for the sheriffs of the various counties greatly alarmed the sherifrs.. as the turkeys fees constitute very large source of income to the sheriffs in the running of cir jails.
 Sherir Hood yesterday made inquiry to Solicitor Dent asking him to give him an opinion on the law. and re- ceivedt the following letter in reply: Honorable Horace Hood, Sheriff of
 Montgomery County. City:
 Dear, Sir--Replying to your inquiry as to- whether or not the change made by the new code, which went into ef- feet May l, 1908, by which you are de- priyed of turnkey fees. and which were allowed under the old law, is valid, I beg to say that think the old law is still In force.
 T base my opinion upon the propo- sition that Section 6s of Article {, of the Constitution of 1901, provides that the Legislature shall have no power to increase or decrease the fees and com pensations. of. public officers during their term of ofi1ce.
 Tt Is true that there is an exception in this section which authorizes the Legislature to increase or diminish the allowance to sh eriffs, for feeding. trans porting or guarding prisoners. Ger tainly the fee which was in the old law. and which is omitted from the new code, about which you inquire. is not included either In the feeding or trans portation of prisoners. Nor do I think 1t is included under the exception of guarding prisoners. I think the word guard for. prisoners under our law, has well defined and well recognized meaning. T, think 1t means a guard for prisoner while being transported from one place to another according to law, and certainly this does not include the duty. of jailer who receives the prisoners from the guard to turn him Into, proper custody, and thereafter re- lease him when required by law. I am. therefore. of the opinion that you are entitled to the compensation fixed by the old law. and that its omission from the present code does not in any manner affect your right to collect the same.
 Section '2s1 of Article 17 of the Con- stitutton of 1901. provides that the sal ary. fees or compensation of any officer holding any civil office of profit under this State, or any county or municipal ity thereof. shall not be increased or diminished during the term for which he shall have been elected or appoint ed It would seem that, by these two sections of the Constitution. the fram- CTS of the Constitution intended to leave no loop hole by which either the salaries. fees. or other compensation of public officers could be increased Of di- unfinished during their term of office. Yours very truly.
 .-.- l IS. H. Dent Jr"