The Birmingham age-herald., 1909-06-30
SINNER DRAWS UP BILL AGAINST FEES Would Allow Only Percentage Above S50O0 Income AFFIDAVIT MUST BE MADE Proposed Measure Provides That Re- port on Income Must Be Made
 to State Auditor Every
 Three Months.
AFFIDAVIT MUST BE MADE

Is the subject of general discussion and deep thought on all sides The first bill 1 to be drawn and presented to the public for consideration comes from R. B. Smyer MT. Smyer merely sets it out l as a suggestion, so that the ideas from l all sections of the state may be focused and something really accomplished.
 The bill, which Is given below, is of a general nature, and gives those officers l whose fees are over $5000 only per cent of the excess.
 Mir Smyer is one of the bitterest ene-
 mics of the fee system. He was, how
 ever, recently quoted in The Age-Herald
 through error as having been a member
 or the grand Jury that condemned the fee system. MT. Smyer states that he has
 never served on a grand jury.
 Ut occurs to me-" he said, that if any l legislation is to be had at the special ses-
 sion of the legislature in reference to a l change In the system, some definite law 1 should be considered.
 Section 96, article 4, of the consti- tuition provides, The legislature shall not l enact any law, not applicable to all coun-
 ties in the state, regulating costs and | charges of courts or fees, commissions or 1 allowances of public officers. My con l struction of this section Is that there Is no inhibition against general law abol- 1 1shing the fee system entirely and estab- I fishing salary compensation to every | officer In lieu thereof; provided that the 1 salaries or allowances of public officers 1 shall be uniform in all of the counties of 1 the state, which, of course, would be un- l reasonable and negotiable.
 "I submit herewith a tentative bill for criticism and discussion that is general and operates on all public officers of the l state alike, and which, I believe. is not | in conflict with this section of the consti- l tuition. This bill does not eliminate all | of the evils of the fee system, but I be- | lieye that 1t would minimize them and perhaps satisfactorily tide us over until l this section could be annulled or amended
 This bill, if enacted into law, would give to every officer all amounts received through his office under $5000, but of amounts received over s5o0O he would pay into the treasury 10 per cent the first l SlOoO Of excess, 20 per cent on the second, | 30 per cent on the third, 40 per cent on the fourth, DO per cent on the fifth and 1 50 per cent on all amounts over $10O0O. l This would mean that from a county off, flee whose gross receipts did not exceed l S50Oo the county would receive nothing, but should 1t pay sS00O the county would | receive 5000. Should it pay S10000 the l county would receive $150o Should it pay $15,oOo the county would receive s4600 Should 1t pay s25,000 the county would receive slo,6oO. Should 1t pay s5o,oOO the 1 county would receive $25, 600.
 "I have no figures of the gross receipts
 and expenses of any public office, and | hence 1t may be that the scale adopted in | this bill would be unjust to some of- l hcers, or grant to them a greater compen- sation than their services are worth. My object Is to draw out criticism and dis which I xpi1 fn thing practical and In harmony with this section of the constitution. I further be- lieve that this section of the constitu- tion should as soon as possible be an- nullel or amended, and salary system adopted, and the fee system be totally abolished
 Text of Proposed Bill. Here is the bill which MT. Smyer hopes will get the matter under discussions: bill, to be entitled an act to regu- late and fix the compensation of all state and county officers out of costs, fees and commissions received by them as now provided by law.
 Section 1. Be it enacted by the legisla- ture of Alabama, That all state and county officers, receiving as compensation for services. fees, costs and commissions. shall have and receive during each year all amounts collected by their respective offices not in excess of S5000
 Sec. ?. Be it further enacted, That such officers shall have and receive during each year of all amounts collected by them in excess of $5Oo0 the following: Ninety per cent on all amounts in excess of $5O0O and less than s6ooo. Eighty per cent on all amounts in excess of $6000 and less than $7O0. Seventy per cent on all amounts in excess of $7000 and less than $S000. Sixty per cent on all amounts in excess of ss0O0 and less than 5000. Fifty per cent on all amounts in excess of 5000 and less than $l0.000 and 40 per cent on all amounts in excess of s10000.
 Sec. 3. Be it further enacted, That all z1ah state officers shall render to the auditor of the state an itemized statement every three months of all the fees, costs and commissions collected by them or by theirNespective offices, up to the date of said statement, and that said statements shall.b be rendered within 30 days after the end of the first three months of their tenure of office and within 30 days after the termination of every succeeding three months during their tenure of office, and that such statements shall be sworn to by such officer and that such officer, upon the rendering of said statements, pay to the treasurer of the state, to be covered into the general fund of the state 10 per cent on all amounts so collected by him. or by his office. in excess of s5000 and less than $6000, and 20 per cent on all amounts in excess of $6000 and less than $7000 and 30 per cent on all amounts In excess Of $70O0 and less than sS000, and 40 per cent on all amounts in excess of $S0O0 and less than 5000, and 50 per cent on all amounts in excess of 5000 and less than $10,000 and 60 per cent on all amounts in excess of $10.000.
 Sec. f. Be it further enacated That all such county officers shall render to the commissioners court or Board of Revenue of their respective counties an itemized statement every three months of all fees, costs and commissions collected by them or by their respective offices up to the date of said statement and that said state- ment shall be rendered within 30 days after the end of the first three months of their tenure of office and within 30 days after the termination of every succeeding three months during their tenure of of- flee, and that said statements shall be sworn by such officer and that such officer, upon the rendering of said state ments shall pay to the treasurer of their respective counties, to be covered into the general fund of said county, 10 per cent on all amounts so collected by him or his office in excess of S5000 and less than $6OO0, and 20 per cent on all amounts in excess of $6O00 and les than s7OO0, and 30 per cent on all amounts in excess of $7000 and less than $soOO. and An per cent on all amounts in excess of $s000 and less than 5000, and 50 per cent on all amounts in excess of 5000 and less than S10,000. and 60 per cent on all amounts in excess of $10,00o.