The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-07-04
NOT ENTITLED
TO COLLECT
Attorney General Decides
Against Officials.
TAKES SUPREME couRTDEcIsloN
Question Raised BY Wilcox County
Officers
Mast Have Explicit a.A Positive Au-
therity IRON Law to Collect
Fess-Two osi.isns
Rsnaersa.
AXES SUPREME coURT'DEcISleN

request Of Assistant Examiner Of Pub
lie Accounts H. r. Lee, related both
to the operation of the fee system and
to q disturbed condition in Wilcox
County. The opinion was requested
by Assistant Examiner Lee to pass is
sues raised by the county offcialr
who claimed that they were entitled,
under the law, to collect certain fees.
In his opinion, Colonel CARRIER de-
cides against tho officials. He takes
the firm ground taken by the Supreme
Court of. Alabama in the Troup case,
which came up from Morgan County,
and In which the court declared that
for an Official to collect fees, he must
have explicit and positive authority
from the law.
In Wilcox County. there appears to
have been some dissension OF some
sort. 1t was said that the books of
the county Official had not been exam
ined in ten years. It was further
said that some Of the people wished
state examination to be made. and
that some other people opposed It.
Parts OF the controversy appeared in
the Wilcox County papers. although the
outer world never did understand the
merits OF the controversy.
Examiner Lee, however. went to
Camden to make the examination. He
objected to certain items In the fee
account Of the Treasurer and the
Judge Of Probate. They cited him
law under which they claimed the act,
and these citations were referred to
the Attorney General, who decided
against the officials.
The opinions in both cases follow:
June 80, 1909
Hon. H. r. Lee. Assistant Examiner
OF Public Accounts:
Dear Sir:-On June IS, 1909, you
requested me to advise you whether,
1t Is a legal charge for the County
Treasurer (of Wilcox County, to
charge for the report filed with the
Court of County Commissioners Of the
receipts and disbursements of the
county funds" and, you state that you
find where the County Treasurer (of
Wilcox County, charges the county
for making a semi-annual report of
the receipts and disbursements OF the
county funds that Is required to be
published, he having received $1,000
commissions
Section 211 of the code provides that
1t shall be the duty of the County
Treasurer to receive and keep the
money of the county, and disburse the
same according to law And he Is
required by Subdivision 9 of this Sec
ton to keep a correct account of the
receipts and disbursements of all
moneys received by him for the county,
according to the forms therein pre-
scribed.' etc. And by Subdivisions IL
and ~ of this section, to submit to
the Court of County Commissioners at
the first term in each year, the register
of claims; his account for the year bal
anced; vouchers for the payments. =
ITO make report. and give informa-
ton to the Court OF County Commits
sioners, when required. respecting all
matters relating to the finances of the
County
Section 1917 of the Code provides
that 1T shall be the duty of the
Court of County Commissioners to
make semi annual publications., on the
first days of January and July of each
year, showing the receipts and expen-
ditures of money for the county, speci-
flying particularly the sources from
which received. and the purposes for
which expended.
1.-THE compensation of the County
Treasurer is fixed by Section 217 OF
the Code on a percentage basis, in no
case to exceed $1,000 in any one year.
Under no possible construction of
the Code sections above referred to
can it be held that the Treasurer is
entitled to extra compnsation for sub
hitting to the Court of County Com
missioners at the first term in each
year an account for the year, as re-
quired by Subdivision IL OF Section
Pill. The statute is plain IN 1mpos
ing this duty upon the Treasurer.
with respect to the right of the
Treasurer for compensation for a re-
port which he may file at another time,
and referred to In your letter as the
emi-annuar report, the rule for de-
termining the right of public officers
for compensation must be borne in
mind. viz:
"'Th0se who accept public Offices
which require them to render services
to the State. must take the office cum
onere-the rendition of such services
gratuitously, unless by express statu-
tory provision, compensation is fixed,
and an express liability for its pay
ment imposed on the State The
same exacting rule must determine
the right of a county officers compen-
sation. Troup VS.. Morgan County, 100
ALA, 1862.
I'm this case the court said: When
any public officer demands fee for
services rendered. he must point to
some clear and definite provision of
the statute, which authorizes him to
make the charge or demand.
There is no provision of law to
which the Treasurer may point which
authorizes him to make the charge or
demand the fee IN question. Indeed, the
duty Is expressly laid upon the Treas
urer by Subdivision IL of Section 211.
to make reports and give information
to the Court of County Commissioners,
when required, respecting all matters
relating to the finances of the county.
If in order to prepare the seIni-annual
statement of the county finances, for
1917 of the Code, 1t becomes necessary
for the County Commissioners to call
upon the Treasurer for a statement OF
the receipts and expenditures of money
for the county, that officer Is by the
express provisions of the aforesaid
Subdivision IL of Section 211, required
to furnish the information.
I'm addition to the fact that the
statute does not in terms authorize
the payment of this fee, its allowance
bv the Court of County Commissioners
is in express violation OF Section PIT
of the Code which limits the compen-
saton of the County Treasurer to
$1,000 in any one year.
ct, therefore. advise you that the
charge in question is not a proper
one against Wilcox County.
Yours very truly.
Alex NJ. CARRIER,
Attorney General
June 80 1909
Hon. II. r. Lee. Assistant Examiner
~ Dybltc Accounts