The Birmingham age-herald., 1909-06-07
TWO SIDES ID TIE
 OLD FEE SYSTEM Many Contend CverhauIing Is
 Necessary Thing FEES PROVE INCENTIVE
Argument Is Urged That the Most Pressing Need Now Is to Get Section 96 of the constI-
 tuition Repealed.
BY BURR BLACKBURN.

BY BURR BLACKBURN.
 Tn the fight for relief from the much
 abused fee system there is universal opinion among the lawyers that no mat ter what temporary relief may be secured
 by bills for graded salaries the ultimate relief rests in the repeal of section 98 of the constitution.
 The truth of the business is that the circumstances vary so in each of the | counties that they can never be dealt with | collectively and the section which makes | such a provision must be wiped off the books.
 The clerks and sheriffs of the state would not fight such move as the ma jority of the counties are in need of bet ter pay for their clerks and fee officials. The cry of Jefferson county would be met with a unanimous vote and there is now every evidence that the legislature | will present the repeal of the amendment to the voters at the next regular elec- tion.
 The qfiestion of passing a graded sal- ary bill Is fraught with many difficulties. With 67 counties to satisfy and hun dred technicalities of constitutionality and the like, the passage of such a bill with out the fee system being mentioned in the governors call, will be a practical impossibiity
 Valuable Information. The discussion of the fee system which has recently. become such a live issue has brought out much valuable informa- ton and has set many minds to thinking. While many have simply declared that they opposed the fee system. others have set to work for a remedy. and 1t is only by concentrated effort that anything can be accomplished at all
 The truth of the business is that the man who, off-hand, denounces the "fee system doesn't know what he is talk ing about, and had best study 1t in it's many lights.
 He Is condemning a system which is as old as the world; which means reward for work done, and has been found in every line of business to be the best way to make human nature measure up to it's full requirement..
 Beginning with the boy who delivers the newspaper in the morning and ex- tending all along the line of drummer, solicitor, insurance agent, and every where that the man has to do his labor away from the direct supervision of his employer, the commission system of pay ing has been found the best. l When the wholesale house finds that | its men are making too much money they do not put them on a salary, but simply reduce the commission, and 1t has oc- cured to some of the men who have been thinking about the fee system that 1t would be best to think twice before acting on so important a question. They suggest that the remedy in the large counties lies in reducing the fees to a point where the compensation will be just. They urge that where the incen- tive of the fee Is to cause false arrest, the fee should be abolished Thus, the s25O turnkey fee is within itself piece of graft and should undoubtedly be abol- ished This would do away with the prac- tice of hauling a prisoner to jail. with out giving him an opportunity to make bond. These lawyers believe that a bill could easily be drawn which would leave the incentive to- do duty well and do away with injustice.
 The abolition of the fee system would do many things injurious to the county and the public It would develop a set of slothful officers. Heretofore men of high calibre and good morals have sought these offices for the money that is in them. There Is no honor connected with any of them, and the only incentive is selfishness.
 It would abolish economy in the con- duct of the office. Deputies are now scattered all over the county, in every nook and alley, and are paid either by commission some slight salary. Abolish the sheriffs fees and he would be glad to see each of his deputies drawing a handsome annuity. The Board of Reve- nue would become a powerful political machine with deputy In each precinct which it would pay handsomely.
 It has been found positively necessary in the conduct of the inferior courts to continue the constable on a, fee system. Otherwise it would mean slothful, negli- gent work.
 The summons, subpoenas and other legal papers connected with the courts must be served, and the class of men
 
 are not the kind to put on a salary. It would tie up the courts. result In innum- erable postponements and cause the gen. eral public to suffer from the failure of it's witnesses to appear. while the cor porations would profit by the delay of justice and their ability to summon wit nesses by their own deputies.
 Saddled On County.
 Should the fee system really be abol- ished, and the cost of all trials and suits be saddled on the county treasury, the people would be forced to pay for cor poration litigation, while the courts would be crowded with petty lftigants who would run no danger of having to pay costs should they lose their suits. Within a few years the county would be far worse bankrupt than 1t Is now, and the fine and forfeiture fund would sink into the centuries of the future.
 It would result in careless and slothful keeping of records. I was talking to man yesterday who had discussed the --I.I