The Birmingham age-herald., 1909-05-22
JUDGE HAMPTON ON THE HE SYSTEM Arkansas Man Considers Ala bama System IniquitOuS RATE CASES ARE BEHAVED By Agreement of Attorneys the Man date of Court of Appeals VIII
 Not Come Down Until
 June 1.
RATE CASES ARE BEHAVED

Montgomery, May 21-(special)-Th fee system seems tesfhave its grip on many of.the statgted en though in some cases the law hal he empted to cut it out. We have a law iif Arkansas,'' says Judge 1 J. E. Hampton of the tax commission of 1 that state, which limits the pay of any 1 state officer getting fees to s5Oo0 year. After that much has been taken in the rest must go to the treasury of the state, according to the constitution, but it Is 1 evaded. It is said that some of our prose cutting attorneys earn fabulous salaries, and the same thing Is so of the clerks and the sheriffs"
 The provision is an old one In Arkansas. the judge points out, and until lately given very little attention. Many ways were found to evade 1t as the wording is indefinite. Expenses are paid and taken out. and deputies listed in many cases who are not paid. It is even said that Ideputies are paid who pay back the money to the chiefs after the books are looked over. Unlike Alabama, Arkansas has no system of public accountants, so that t is impossible to tell how much is made or to tell whether after all the officers are acting squarely with all concerned. Men have ways to keep from proving up that 1 render 1t very hard to keep even a slight check.
 Must Observe the Law. But Judge Hampton, who is In Alabama to look Into the tax laws of the state, thinks that after this there will be much better things to report. Revently one or two officers have been made to turn back to the state excess earnings from fees and the people are becoming insistent that the law be enforced in the spirit. If this were done the state government could al- most be run by the excess fees that are being taken in the offices of the sheriffs and the clerks. It was the sense of the last legislature that there be change and the judge believes that there will be. He is much interested in the movement in Alabama to abolish the fee system, which he regards as very iniquitous.
 A man who is taking more or less in- terest in the abolition of the fee system said that it looked as if the code com mittee of the last session was in favor of such a move for some at least, in which action the legislature concurred for it put the clerk of the supreme court on a salary of $360O, when it Is said that in
 
 $100O0. In other words the legislature ap- peared to be against the fee system in one case at least Many feel that the mat ter will be given much attention when the solons gather to hold the extra session. Rate Cases Delayed. By agreement between the attorney general of the state and the attorneys of 1 the litigating railroads. the mandate of the circuit court of appeals. by which the rail lines are called upon to give the contested Alabama rail rates trial. will not come down until June l, if such un- derstanding Is agreeable to the court of appeals judges. It is thought that the rail lines cannot possibly get tariffs ar ranged before that time, and to give them leeway to this end the state is agreeing to this delay.
 Attorney General A. M. Garber, who came back from the grand lodge of Knights of Pythias in time to take up the duties of his office early Friday morn- ing, had wire from Col. H. L. Stone, general counsel of the Louisville and Nashville railroad, asking that he fall in with this suggestion, as it would take this long to get the rates in, and he wired that it would be done. He sent messages to the judges at New Orleans indicating his agreement SD that by this time the court is informed as to the desires of both sides
 Attorney General Garber is also ad- vised that the franchise tax cases, now in the supreme court of the United States will likely be advanced so that they may be decided this fall. Over s200,O0O in this tax is now tied up in the courts and the state as well as the railroads are anx- ious to know what is to come of it.
 Governor Conner at Schools. After spending Saturday and Sunday at 1 his home in Barbour county Gov B. B. Conner will have all next week in the school work. He will be in Tuscaloosa for the university close Monday, Tues ] day and Wednesday, and at the Florence Normal on Friday. From there he will jump back to Auburn. where on Satur- day, with his staff. he will review the corps of cadets. The following Tuesday he will be with the Agricultural school at ] Evergreen. Hence the outlook is that he will be for the next 10 days or more on i the jump, so that his office will see him only in snatches.