The Montgomery advertiser., 1908-04-14

ary examination.
 There will always be difference in
 the bonds of the county superintendent of Jefferson county and of Winston
 county.
 "As q matter of fact. when my good friend Mr. Brooke comes around next
 year. if he should be detailed for the
 service, he will have exactly the same criticisms of the policies of the office
 to make which he has made in the re- port just filed"
 In connection with the Department
 of Education, Governor Conner had
 called on Attorney General Alex M
 Garber for an opinion on the intent Of
 the law regulating the state Board of
 Teachers Examiners. This opinion was
 given to the Governor on April 10. The opinion had to do especially with the
 mandates of the law as to the disposi- tion of the fees for regular and special
 examinations. Special examinations, 1t should be understood. are those not held in the counties at the time resu- larly set for examinations semi-annu- ally in the various counties. The spe- cial examinations are conducted at the ofiices of the Board in the Capitol on the payment of q fee of $5 each. The act creating the Board of Exam iners was passed on February 10. 1898. and was amended at the 19oo-1s01 ses.
 sion of the Legislature. The Board is
 composed of the State Superintendent,
 who Is ex-officio president; Secretary H. J. willingham and Miss Sarah M.
 Clark associate member.
 Attorney General Interprets. The interpretation of Attorney Gen. eral darber of the law regulating the
 fees for examinations Is an approval or the course pursued by Superintendent Gunnels and his predecessors in office. Mir. Garber seems to hold with his predecessors, Chas. l.. Brown and Mas sey Wilson. Substantially they all agreed that the law directs that the | fees derived from special examinations should not have to so to the State | Treasury, but on the contrary should cial compensation for the work per- formed by 1t in preparing and grad l ing the special examinations. The latter are the words of Attor- l ney General Garber. Mir. Wilson, the l predecessor of Mir. Garber. in an opin- | ion dated January 2s, 1903, under which l the Department of Education operated
 during the time covered by MT. Brooke's report, said: Tt Is my opin- ion that the fees to be paid by applt- eants for special examinations should be retained by the State Board of Examiners for holding the special examinations.
 The attitude of Superintendent Gun nels, he said yesterday, Is to stand
 upon the law and It's judicial interpre- | tations.
 Reearding the comment of Mir. Brooke | on the per diem of the Board members, | Attorney General Garber, in his opin- | ion. refers to this subject. He takes 1 the position that at the regular inter.
 yals the Board members are entitled to the stipulated per diem. He holds: l "The S5 should be restricted to tne days the appointed members, or the Board are engaged in eonHucuns sucn regular examinations. l General adds:
 q see nothing in the law directly prohibiting the Board from holding l suecfaI examinations on the days tney are engaged, in the regular examina- tions of teachers"
 The opinion of Attorney General Gar Der on many of the points in contro- 1 April 10, 1908. Hon. B. B. Conner. Governor Of Ala bar1a. Montgomery. Ala. pear Sir:---On March 24 you SUD mitted to me q letter of the same date l from Assistant Examiner H. Y.
 Brooke. and requested. me to advise l YOU concerning the Inquiry contained
 
 Please request the Attorney Gen eral to render you an opinion at his ! earliest convenience as to whether or not the state Board of Examiners are entitled te receive i've dollars per day for the time they work out of the State Treasury. and in addition there to, all of the fees for holding special
 examinations.'
 "The language of this inquiry is not entirely clear, but I take 1t that you desire to know CD, whether the mem- bers of the State Board of Examiners under the act of February 10. 1899, TO establish a uniform system for the examination and licensing of teachers
 Of public schools as amended by the act of February S, 1901 (Acts of 1900-1, page s56), are entitled to receive the
 fees required to be paid by the per-
 sons taking the special examinations
 provided for in this amendment of the original act. as compensation for the
 services rendered in holding said spe-
 cial examinations. and (2). whether the appointed members of the board are
 entitled to receive five dollars O$5.00)
 per diem for the time they are en-
 gagged in the regular work of the
 board under the act and in addition
 thereto all of the fees for holding such
 special examinations.
 "The State Board of Examiners is
 composed of the Superintendent of
 Education and two other persons ap-
 pointed by him. The statute provides
 per diem compensation only for the
 appointed members of the board'--and
 not for the State Boaru of Examiners
 as would be indicated by the wording
 of Mir. Brooke's question.
 "As statutory provision, this Act
 as amended might have been so fram- ed to express the precise legislative
 meaning intended to be conveyed, but
 constructed with reference to the pur-
 pose which the Legislature seems to
 have had in view in directing that the Legislature seems to have had in view in directing that the special tees should be paid to the State Board of Examiners and at the same time limit ing the fees from the examination ot
 teachers. which are to be paid into the State Treasury, to those received only from regular examinations, it is my judgment that the Legislature intend ed that the fees from the special ex- l aminations should go to the Board as special compensation for the work performed by 1t in preparing and grading the special examinations. The | general rule that when a statute pre- schibes numerous duties to be per
 formed by an officer and the mode of | fixing his salary, the necessary impli- cation must be that the salary so fixed is intended to constitute a complete | compensation for all of his prescribed 1 duties and supersedes all previous | statutory enactments making special compensation for any portion of these | ANWA lac N3n