The Birmingham age-herald., 1911-01-14
NEW METHOD FOR
 FIGHTING THE FEES Bowie Makes Report to Cham
 Der of Commerce
TO DO AWAY WITH RAIDS
Idea Is to Prevent Indiscriminnte Ar rests Without Formal Issuance of Warrants-Bill Meets With
 Chambers Approval

The Chamber of Commerce yesterday afternoon indorsed the anti-fee bills as drawn by E. J. Smyer and Sidney J. Bowie, and made the legislative commit- tee, consisting of S J. Bowie. chairman, E.. D. Smith, G. R. Harsh. J. H. Miller and G. w Yancey, permanent with full authority to press the passage Of the bills before the legislature.
 MT Bowie explained that the bills were in the hands of T. H. Motion and would be introduced. He agreed to appear al the proper time with his committee. His report contained a severe arraignment of the evils of the present fee system, which he said has become a public menace, causing a shortage of labor and leading to all manner of evils.
 "The net compensation of these clerical and ministerial petty officers in one case equals that of the President of the United States, and in several exceeds that of the Justice of the supreme court, not to mention the representatives in Con gress,' he said
 Here is Mr. Bowie's report, which was adopted with a great deal of enthusiasm: "To the Chamber of Commerce, City,
 Bowie's Report
 .Gentlemen: Your committee having in charge the matter of endeavoring to cor rect the fee system in this state, with special reference to the burdens which it imposed upon our industrial establish ments in this district, beg leave to re- port that we have under consideration number of bills dealing with this subject The scope and plan of the bills dealing directly with the fee system itself was devised by Hon. F. J. Smyer, to whom the chief credit in this connection is due. Certain amendments were proposed by members of the committee and consented to by MT. Smyer, which do not material ly change the form of the bills as pre- pared by him, but which were thought to constitute improvements in certain particulars The general plan of these bills provided that they should not take effect during the incumbency of the pres ent officers holding the positions affected thereby, nor was any salary as such pro- yided by any of the bills for any of the officers"
 Fix Compensation
 The provision simply was that a hxed compensation be paid out of fees actual ly collected, which was believed to be sufficient to cover reasonable compen- sation for the officers, as well as reason able pay for their employees, but the right of the officers to select their em- ployes and fix their compensation was left unchanged. The compensation was to be determined according to pop uation by the respective counties bills are in all particulars constitutional and that some measures of this character ought to be adopted in order to reduce the excessive and absurd compensation paid to certain officials, not only In this, but in other counties of this state. It Is a provision of these bills, as finally drawn, that the surplus of fees collected after payment of compensation to the officers should be paid into the county treasury for the joint benefit of the pub lfc schools of the county and of the pub lie roads.
 But your committee was of the opinion that as these bills would not take effect for years, and as their constitutionality had been questioned in some quarters, it was desirable to provide an immediate remedy for the distressing condition in this county, and no doubt In others, which could not be the subject of any consti- tutonal doubt whatsoever.
 Has Prepared Bill
 "In pursuance of this idea the chairman of the committee has prepared bill deal-N ing with the subject of making arrests in misdemeanor cases; in other words, 1t is reform of criminal procedure act. It does not in any way affect cases of fel- onies nor acts of officers, such as police men, whose compensation depends upon fixed salary, nor does 1t affect breaches of the prohibition laws nor breaches of the peace; but in other misdemeanor cases it Is provided that before any sher- if, constable or deputy of any such of ficer, whose compensation depends in whole or in part upon a fee or fees for the service, shall make any arrests in or dinary misdemeanor cases, whether com mitted in his presence or not. he must have Tn his possession either a writ of arrest issued upon an indictment or a warrant of arrests issued by justice of the peace, or other officer hav- ing jurisdiction of the offense, sup a justice of the peace, or other officer having Jurisdiction of the offense, sup ported by the affidavit of some person not interested in the fees, showing that an offense has been committed and that there is probable cause for believing the accused guilty thereof.
 The grand jury of this state in prac- tically all of the misdemeanor cases or at least large majority, have dis cretion wiseywested in them to refuse to indict where. in their opinion the public welfare does not require it. This wise anF wholesome statue has been prac- tlt ly abrogated and annulled in numer-