The Birmingham age-herald., 1911-03-05
FULL REPORT ON ! SALARY INCREASE OF CITY OFFICERS Boyd Submits Data to May or Bearing on Change
 in Minutes NO EFFORT MADE
 AT CONCEALMENT Petersen, Thach, Shropshire and Eustis Called Upon for an Ex- planatiOn of Transaction
 Complained Of

The investigation by Capt. Romaine Boyd. city attorney, regarding the change of minutes on the City Council record. which was charged by City Auditor Peter sen as having been illegal, has been com- pepper Exum yesterday by Captain Boyd, which includes a statement from the finance committed, City Clerk Horace Shropshire, Jr., Assistant City Attorney R. H. Thach who was city attorney at the time, and George Eustis, who was at the time of the change city treasurer. The report of Captain Boyd to Mayor Exum follows:
 Boyd's Report
 Hon. Culpepper Exum, Mayor, City:
 Dear Sir-In the matter of the alter ations of the city minutes which you re- ferred to me for investigation l here with enclose self-explanatory correspon- dence with the parties interested. This report has been delayed a day or two awaiting statement from the city au- ditor, who, beyond suggesting an inspec- ton of the minutes, has finally failed to furnish me with any information in sup port of his charges, and I have therefore had to assume that his statements would be substantially the same as his pub lished charges. The gist of these charges is that in October. 1908. the city attor- ney, clerk and treasurer, were elected as required by section 1066 of the city code for a period of two years; that at the same time resolution was adopted fixing their salaries for period of two years; that at the end of the first year these salaries, were increased by the council in violation of the constitutional provision prohibiting an increase of salaries during the term for which officials are elected; that to avoid this law the minutes were so changed as to make 1t appear that the salaries had been fixed for only one year instead of for the entire term of two years.
 In reply to this the city clerk and for mer city attorney say that at the time of their election their salaries were pur- posely fixed for only one year. but that on writing up the minutes 1t was CT roneously made to appear that their sal aries had been fixed for the entire time of two years for which they were elect ed; that when this error was discovered the minutes were corrected with the full knowledge and approval of the finance committee which had reported the salary resolution: that in making the correction there was no attempt at concealment, and when the salaries of the other city officials were raised in October, 1909. m of Greater Birmingham, that the salaries of the city attorney. clerk and treasurer were likewise increased
 Entitled to Increase
 q think the foregoing Is fair state- ment of the case except that the of ficials concerned insist that outside of any legal technicalities they were as much entitled to increased pay for in- creased work as were the other city officials elected annually. practically all of whom, including the city auditor, received substantial Increases in salary on account of the consolidation of Greater Birmingham.
 'They also further claim that throughout the year 1910 the auditor with full knowledge of all the facts prepared the pay rolls and audited the increases in salary, of which he now complains. An inspection of the min- utes will disclose the fact that same have been changed but the ensures are obvious and the changes are made with a different shade of typewriter ribbon and the alignment is also so faulty as to suggest the question, whether or not any alterations made with wrong full intent would have been made with so little effort at concealment. It Is also true that the duties of these of flcials were heavily increased by the annexation of the various cities and towns and I am of the opinion that the increases in their salaries was not dis proportionate to the amount of the increase In their work on account of Greater Birmingham.
 However. there can be no doubt that the finance committee could not legally authorize a correction of the city minutes either before or after they had been approved by the City Coun- ell, although it would probably be competent for the City Council to ratify the correction upon satisfactory proof that the minutes. as corrected, set out the true facts.
 'In the absence of such ratification or correction of the minutes by the City Council am of the opinion that the payments of these increases in salaries were irregular and illegal and same can probably be recovered in an action at law.
 "Awaiting further instructions from you or the City Council, I am, yours very truly, ROMAINE BOYD,
 City Attorney"
 Petersen's Reply
 The reply of City Auditor Petersen to Cantafn Rovd's reullest for his