Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-04-30
COURT REFUSES TO
APPROVE FEE PROBE
JUDGE PENDLETON ACTS ON
COUNT YATTORNEY'S ADVICE.
INVESTIGATION LEGAL ONLY
TO DETECT FRAUD.

on Thursday refused to approve the rec
ommendation of the grand jury that an
expert be employed, at a compensation
OF $500, to examine the books of the va
rious county officers with a view of de-
termining whether or not the fee system
is a wise one.
The court took this course on the re-
commentator of County Attorney Luther
u. Rosser. Mr.. Rosser held in effect
that the jury had perfect right through
a committee, an individual member
to examine the books in question to de-
termine whether the officers were per
forming their duties legally and properly,
to see that no fraud was being commit
ted, and that no excessive fees were col
lected. For any other purpose, however.
he held that an examination would be IL.
| legal, and that an appropriation could not
be made for it.
Judge Pendleton expressed a doubt
Wednesday whether he could approve the
jury's recommendation. He signed the
| following order Thursday:
1.-The recommendation of the grand jury
for the appointment of an expert to ex-
anime the books of county officers fol
the purpose indicated, having been refer
red to the county attorney, and in his
opinion an appropriation to pay an au-
ditor for such purpose is not authorized
by law, and the same is not approved.
Ordered further that the matter be pre-
sented and referred to the next grand
jury as a recommendation Let the opinion
be filed along with these presentments."
Mr.. ROsser's Opinion
Mr. Rosser admits the right of the
grand Jury to examine the books of the
| officers but only to determine whether
| fraud or illegal acts are being commit,
| ted
I'm short" says Mr.. Ro1ser, 1T seems
to me that the purpose of this investiga-
| tion was to protect the countys finances;
to prevent fraud; to insure performance
of the official duty of the official being
| Investigated"
Mr.. Rosser said that if a grand jury
recommended the appointment of a COM
mittee to investigate the books, it would
be presumed that it was for this pur-
pose.
In the presentments of the present
jury" Mr. Rosser resumes, 1.-The purpose
of the Jury in appointing an inspector
| of the county officers books is declared to
be for the purpose of determining the
wisdom of the present law with reference
to fees allowed officers. If this was tho
sole purpose of the recommendation. IL
is certainly extremely doubtful whether
the Jury. even with the approval of the
court would have the right to charge the
county with the expense of such an in
spection."
Mr. Rosser suggests, however, that the
grand jury might have proposed regu-
lar legal examination, with the wisdom
of the fee system as one of its purposes.
''Then, most likely" he adds, "the in
spection would be one in the power OF
the grand jury to recommend.
''It follows therefore that If the grand
| jury recommends the appointment Of an
inspector for the performance of duties
not contemplated by the sections of
the code supra, payment for his services
would not be justified even under the
approval of the superior court"
Mr.. Rosser adds that Solicitor c. d.
Hill is not a county officer, and the law
in any event would not apply to him.
The whole matter will be up to the
next grand jury to consider, and it in
turn will probably make some recon-
mendation.
Solicitor Hill Talks
There was a rumor Thursday that
county officers were opposed to telling
the Jury what they made out of the fee
system. Solicitor Hill said:
~ told the grand jury when they asked
me that they could not employ an in
spector to inquire into the advisabiltty OF
the fee system, and that they could only
do so to determine whether or not the
officers were attending to their duties
properly.
LAS far as I am concerned, 1 am per-
fectly willing to tell the jury what L
make"
Sheriff Losing Money
Sheriff c. w Mangum said: IT will
tell them anything 1 know, and they
are at liberty to examine my books. l
had counted on a revenue of this office of
about $4,000 year. At the present rate
it is not over $4,000 or $4,000. 1 have
IL fxFfd
among, and FIVE hired assistants. Ny
feed bill at the Jail last week was $7O0.
This office is not making expenses"
Tax Collector Stewart said My books
show the exact income of my Office, and
what l get in fees and percentages. The
latter are l IA per cent up to $4,000 OF
taxes collected, above that amount SIS
OF one per cent. I get cost fees where
have to force the collection of overdue
taxes These are figures that the books
will show, and the grand jury is perfect
" welcome to inspect them, although
they have no legal right through a hired
inspector for this purpose.
1T will say though that county off,
Ger must pay his force, which is large
and we'll paid; that he loses large part
of his fees and that the demands o.
charity on him are enormous. would be
perfectly willing to serve on salary, pro-
vided II was commensurate with the
work"
Tax Receiver Armistead said:
THE only objection that county Off
GERS would have to telling the jury the
amount OF income would be the objection
that any other man would have TO having
his business affairs made public. l get
no fees only percentage on the amount
of taxes. Out of this, of course, have
to pay my help, as well as give much
to charity. l would as soon go on sal
airy, If the salary were satisfactory. My
income is a matter of record, and can be
got from the books"
Ordinary Wilkinson was out of the city,
and Solicitor Arnold, of the criminal court
of Atlanta was not in his office.
Arnold Broyles, clerk of the superior
court, said:
There is no secrecy about the affairs
of my office. My books and accounts are
open to the grand jury. l appeared be- |
fore it three years ago and told the mem |
bers what l made out of the office. l
told member of the present jury that 1
would gladly appear before it and answer |
their Inquiries