Pine Bluff daily graphic., 1909-08-17
COUNCILS ACTION
 IS ILLEGAL Attorneys for Police Judse Stewart Advise Him to
 Hold Receipts.
IT WOULD BE UNSAFE
fhf! Say Police Judge Is Legal, tu. th0rized to Collect Police De.
 partment Moneys.

hite anu Alexander, counsel for
 Pollce Judge J. R. Stewart Monday adVlsed that official to refuse to nay over fines and forie!ures of tbe no.-
 'iee department, in compliance with
 an ordinance adopGed at the Iast
 meeting of the city council transfer 1 ring the duties of collecting fines and
 f",feItures 70 C;y Co!'a=s.r A. G R.s
 sell who IS to receive per cent for collecting same and turning the monev over to City Treasurer V. 0. A,exan- der.
 The attorneys hold that the act is illegal and that it is not safe to ner- init these funds to go into the hands oi ahotner person, unknown to the law and who has no righ: whatever 10 collect these fines and forfeiturns :" The ruling is lengthy one and the attorneys declare that they vii aid the city in anyway possible, as counsel for J. R. Stewart. to have the case properly submitted to any court of competent jurisdiction, so that thereby he and his bondsmen may be pro- tected from any mistake that may he made by the city council or Judge Stewart under the recent ordinance
 under the new ordinance City Col lector Russell is to receive 3 per cen for collecting the fines and forfeitures when It has always been customary for the police judge and the chief of police to collect the department re- celpts without extra charge to the clt!. The ordinance was adopted by the council during the recent inyesti gatlon demanded by City Attorney W. B. Sorrells into the official acts of Former Chief of Police A. J. Stewart who resigned when the first session of the special Investigating committee was called. It was believed to be the intention of the council to deprive Chief Stewart of these duties, but in retecting upon him the council also eio ioucSl! Ol FOllCe Judge Stewart, who has never been under suspicion He advised with his attorneys and the ruling. which was read before the council last night. is the result.
 When the opinion of Attorneys White and Alexander was read to the council, Alderman Fox called on City Attorney Sorrells for his legal opiu- ion. MT. Sorrells stated that the con tentiOns of Judge Stewards counsel is unsupported by legal authorities. 1 There is no law that gives the police judge the right to collect funds. he said, but there is law that gives him the right to turn funds over to the city treasurer. City Attorney Sor- rells held that under the law the city council has the management and full control of any matter of this kind and can designate who shall collect the funds of the city. "The position of White and Alexander is untenable and IS not correct. I advise the council | that the opinion is erroneous" he said, "and that the ordinance trans ferring the duties of collecting fines and forfeitures from the police off cials to the city collector is good"
 Alderman Gabe Meyer favored test- ing the law, and City Attorney Sor- rells interrupted him and informed him that the law would be tested in the higher courts if Police Judge Stewart declined to turn the fines and