The Birmingham age-herald., 1910-04-28
Hugh Morrow,s Letter
Mr. R. J. WiIliams. Attorney at La

MT. R. L. Williams, Attorney at Law,
 City.
 Dear Sir: Your letter of recent date. making inquiry relative to the fee sys- tenn, would have been answered by me before now but for my absence from the office.
 1 am opposed to the present fee sys- tenn, and will be willing to use my vote and influence, if elected to the senate, to remedy the various evils referred to in your letter.
 Thoughtful and equally patriotic men who have given the question much study are somewhat divided on the question of what is the proper remedy. That is to say, whether the system of collecting fees should be abolished entirely and sal aries substituted therefor, or whether the mere amount of the fees should be re- duced. I am of the opinion that an abol- ishment of the system, as far as the pay of the officers is concerned, would be preferable. Tie main argument against such an abolishment seems to be that in such event executive officers on salaries have no incentive to stimulate them into being active in the discharge of their duties. This argument is, to my mind, satisfactorily met and answered by cit ploying United States marshals, who are paid salaries instead of fees.
 If the fee system is abolished the re- peal of local laws as to the convict fund, and solicitors fees, will not be of such moment then as it is now. I have not the local laws referred to before me, and cannot say from memory what they provide However, I am heartily in favor of legislation that will pay witnesses in criminal cases for their attendance It may be that the repeal of the local laws will not accomplish this result, but an amendment thereto, so as to make wit ness certificates preferred claim on that fund, might do so.
 Permit me to further say that nearly every one out of office is of the opinion that the fee system evil should be rem edied It is easy to declare against it. but difficult to accomplish the desired result. The difficulty lies in overcoming the com plete protection thrown around all office holders by our new constitution.
 Few laymen are familiar with the pro- visions of the constitution that relate to this subject. At the expense of being te- dous, will call your attention to them
 Section 104 of the constitution express ly prohibits the legislature from passing any local law increasing or decreasing the fees of those holding office in the state Therefore, whatever is done must be done by general law.
 Section S6. in different language. pro- vides, in effect, the same thing. It read. as follows:
 'The legislature shall not enact any law not applicable to all the counties 1T the state regulating costs and charges of courts, or fees, commissions or allow ances of public officers"
 Section PSI is as follows: "The salary, fees or compensation O any officer holding any civil office O profit under this state, or any county O. municipality thereof, shall not be in creased or diminished during the tern
 for which he shall have been elected O appointed"
 confers the right to diminish the allow
 ance to sherifs flor feeding. transferrinl or guarding prisoners
 1 It seems to be clear from the abov quoted sections of the constitution tha &H the fees of the sheriff. probate iudE