The Birmingham age-herald., 1912-12-24

except the employment of c. II. Billings ley, chief clerk of the pure food bureau, whose services were authorized by the act in question.
 The ruling of the attorney general af- fects seven employees of the pure food bureau, six of whom are samplers and one clerk, and assistant to MT. Billings ley. To these seven employees is charged back various amounts which were al- lowed for salaries and expense accounts. the total amount of expenses charged back being $212253, out of a total of s76l4. 4e held to have been Illegally drawn on vouchers approved by the commissioner of agriculture. The salaries of several of these samplers. including the clerk, have been held up for the past two months pending a ruling of the attorney general, as no further vouchers were is- sued. either for expenses or salaries af- tsr the question of the legality of such expenditures was brought up.
 Department Not Blamed
 Nc blame Is attached to Captain Kolb for approving the vouchers, to Auditor Brooks Smith for issuing the warrants. or to State Treasurer Purifoy for pay ing them. Governor O'Neal entirely ap- solves these three officials from any neg leer of duty in connection with the mat ter. The mistake occurred as a result Of a misinterpretation of the law, and it is considered unfortunate that proper authority was not given by the act for the employment of such samplers. inas- much as 1t is considered impossible to carry out the provisions of the law with out the assistance of these clerks
 Governor O'Neal is so much impressed with the need of assistants in the de- partment of agriculture to carry out the provisions of the act that he has employed three clerks to take the place of the sam piers who have been dismissed. The em- ployment of additional clerks by the gov ernor Is authorized under provisions of an act of the code. These three clerks will be retained at the same salaries as these paid the samplers.
 The language of the Commercial Feeding Stuffs" act, which was erone- ously constructed to embrace the em- ployment of samplers, is as follows;
 "A representative sample of each brand of commercial feeding stuffs found sold, offered or exposed for sale shall be taken by the said commissioner of agriculture and industries, or his duly authorized representative in the pres ence of at least one witness"
 The following language was also thought to give license for the employ ment of samplers:
 "rhe commissioner of agriculture and industries is hereby empowered to en- force the provisions of this act and to prescribe the form of tags, stamps or labels to be used to show that the tag or stampt tax fee has been paid, and to prescribe and enforce such rules and regulations relating to the sale of com mercial feeding stuffs as he may deem necessary to carry out the provisions of this act, and in order to carry in effect the full intent and meaning of this act. the commissioner of agricul- ture and industries is hereby author ized to appoint a special food. drug and feed clerk at salary of s1S00 per annum''
 Attorney Generals Ruling
 Tn his ruling on the question, At torney General Brickell declares that the intent of the law does not provide for the employment of such assistants. After quoting the final clause in the above paragraph with reference to the full intent and meaning of the act, he says;
 "This language clearly limits the right of the commissioner of agricul- ture and industries 10 employ and pay out of thte state treasury for any other assistants in the enforcement of this act, other than the special food. drug and feed clerk therein specially provided for
 To construe it otherwise, he declares. would be to destroy the meaning of the clearly expressed in the language Gin order to carry in effect the full intent and meaning of this act"
 Examiner of public accounts Evans,