The Birmingham age-herald., 1909-07-25
LETTERS TO THE EDITOR
Basis of Fee System.


 I beg to infiict you with some of my views regarding the flee system about which so much has been said and written recently. I had hoped that the governor would include this subject among those to be considered by the legislature in spe- cial session, soon to be convened. for the reason that, in my opinion, under present conditions the regulation of the collection of fees is of as grave import ance to the people of Alabama as is the regulation of the liquor traffic. It is to be hoped, nevertheless, that the -legisla- ture will rise to the occasion as one man and enact proper and adequate law on the subject. thereby in this respect, representing the wishes of the great ma iority of the people, and fulfilling in that regard the purpose of their election
 In connection with this subject I note a great deal has been said regarding 'grafters'' and flee grabbers," 1t being the evident aim and intention to take a fling at our local officers. I think this position is a mistake, for the reason that our officers are as good as any who have preceded them, if not better In some re- spects; besides, the flee systen'' is es- tablished by law and the powers, duties and remuneration of those chosen under it are fixed by law, so that, if there is anything wrong with it, criticism of the individuals who are the beneficiaries of the system only tends to reflect our our shortcomings in allowing the system to exist. Let us pass sentence on the law.
 I became acquainted with this system about ten years ago when I was ad- mitted to practice law in this state, and since that time have had considerable op- portunity to observe its operation, so that perhaps, I am not altogether un- fitted to pass an opinion on the subject The system was abhorrent from the first To my mind nothing can ever extenuate or excuse the existence of system which permits the extortion of money from our citizens of any class, for any purpose, by the prostitution of the power of the state through the medium of the crim- inal law. According to my mind the Eng fish language does not contain terms strong enough to decently express con- demnatien of such system.
 In referring to this system, note that no distinction has been made between the civil and criminal branches of it. This is important, as the operation of the sys- tenn under each branch is entirely diff ferent. Under the civil law the system affects only our property rights as the fees under it are collected only by execu- ton, or levy on property, while under the criminal law not only are our prop erty rights affected. but also our lives and liberty-and our honor. So 1t appears to me that it is the criminal branch of this subject to which the attention of our leg islators should be mainly directed, and my reference Is mainly to that branch The "fee system' at its inception, was doubtless established through necessity for the reason, that at that time, the state was so thinly populated that its officers could not be paid from the treas ury, and must, therefore, collect their fees directly from the litigants. But with the increase of the population the neces- sity for the system ceased, at least as to the larger offices in the more popu- lous districts. At this point the oppor- scandals incident to the system conl- menced. With the increase of population however, there has been no reduction of the fee charges, but rather increases In fact the laws of the state seem to have been steadily enacted with view to favor the beneficiaries of the fee system and the hirers of convicts.
 The sad teacher experience, has taught us that 1t is dangerous to open to man, kind the door to money getting, even though 1t be at the expense of the lib. erty and lives of their fellow creatures. "Avarice as . base and sordid passion.