The Birmingham age-herald., 1911-02-22
0'NEAL VETOES
 ALMON'S MEASUE Thinks That Colbert Bill Is
 Unconstitutional VETO READ IN HOUSE
Court Measure Makes Convictions Financial Benefit to Prosecutor and Extends Influence of
 the Fee System
By. HUGH ". ROBERTS

When Governor O'Neal this mornip
 vetoed and severely arraigned the p visions of the Colbert county court
 of Speaker Almon he precipitated sem sation.
 So essential to the welfare of the peo- pie of Colbert county, and, indirectly, to the people of the state, does Governor O'Neal consider the defeat of the bill in
 question, that in expressing his obJec- lions he consumed six typewriter pages,
 and half an hour of the allotted time of the legislative session. The veto message was received in silence. But this after noon and tonight 1t has been the topic of general conversation. The governor expresses the opinion that the bill In question is in violation. of as many as three sections of the con- stitution. that it is dangerous in that 1t seeks to make prosecuting attorneys the financial beneiciaries of convictions, that 1t is dangerous in that 1t seeks to ex- tend the nefarious fee system, that it is dangerous in that it deprives defendants oi the discretion possessed by grand jurics of returning or not returning a true bill.
 Legislators Were Unanimous The action of the governor was as one of those proverbial slips which often upset the best laid plans of mice and legisla- tors. The bill was introduced by the
 peaker of the house. and, therefore by the most influential member of the house. l. passed the judiciary committee of the house without particle of opposition. It was then read before the members of the
 house. and not single one detected the
 flaws which exist. according to the opln-
 ion of the governor. It passed without a single negative vote.
 1t was equally as successful in the
 senate. It passed the judiciary commit
 tee without encountering a danger signal. It was read before the senate. and no
 member of that body saw the flaws
 which, in the opinion of the governor,
 and after his examination were declared
 by him dangerous in many respects He
 IT oo eeded to shoot it full of holes. When the veto of the governor was read this morning Speaker Almon. having surrendered his chair to Representative Arnold Of Calhoun. was in the rear of ths house. He has given no intimation az to whether or not he will make an ef- fort to pass the measure over the veto of the governor.
 Objections of Governor The first, second and third objections which the governor found to the Aimon bill are based on his opinion that the provisions of the bill are in violation of sections 1O4, 2S1 and 96 of the constitu- ton. Nall of which are in reference to the provisions denying the legislature the right to pass private or local laws increas- ing salaries, fees or commissions or or sfice-holders. Specifically, the governor cites: "The general law provides that
 deputy solicitor may retain as compen- sation not more than $500 per annum out of the fees taxed in convictions secured by him. This bill gives to the deputy solicitor of Colbert county all of such fees"
 The fourth objection of the governor
 has reference to the fee system, and is stated as follows:
 "In ny former message to the legisla- ture the following, among other recom Mendations, was made:
 The fee system, wherever 1t exists, for the compensation of prosecuting so- licitors, should be abolished .'The recent report of the attorney gen.
 eral, as stated in my former message, shows that for the two years ending De- cember 31, 1910, 20.066 criminal cases were disposed of in this state, and of this number 76s2 were dismissed, abatcd or withdrawn and 2S91 secured judgments of acuuittal making 10,573 prosecutions. with the exception of the few cases abated by death, which were instituted with testimony insufficient to convict. This astounding number of frivolous and un- founded prosecutions of misdemeanors which clogged the dockets of our courts and entailed unnecessary expense and costs to the state and counties, was large ly due to the miserable system which prevails in Alabama. Under this system the earning of fees and not the proper enforcement of the law becomes the chief incentive to official action We should not extend, but, in my judgment, should as rapidly as possible seek to abolish the compensation of prosecuting attor-
 neys through the fee system" Other Trenchant Attacks The fifth objection of the governor is expressed as follows:
 q should be compelled to withhold my approval of this bill on another ground, viz: That under its provisions the solicitor received as his perqui- site all of the solicitors fees allowed bon conviction. Some. at least, of the deputy solicitors receive the fees up to a certain amount. the excess fees over such amount going into the pub lie funds. In other words. they are re- uuired to earn their salaries. Here the solicitor receives all the fees, regard less of the extent to which they may accrue. The wise and settled policy of the state for many years has been to pay it's prosecuting officers sal aries and to abrogate a condition < 1.Aoa to !, a~-o~ ~lav profit of an officer Intimately con- | cerned in the administration of jus | tice |. to put the punitive hand of the state upon human being and I am unwilling to restore. even in part. such conditions
 The sixth objection of the governor to Speaker Almon's bill concerns the references of that bill to grand juries In this connection the veto message says: Tn tk,e great majority of misde- meanor cases the grand jury is left | to the exercise of a wise discretion in