The Birmingham age-herald., 1912-03-05
MILLER CORRECTS
 WRONG IMPRESSION
No Basis for Statement That He Had Refused to Pay
 Primary Expenses

Referring to the correspondence re- gently made public between T. A. Hamil- | ton, secretary of the Confederate Vet erans Better Government association and J. H. Tice, secretary of the sub-commit- tee of the county democratic executive committee, County Treasurer H. Clanton Miller yesterday addressed the following 1 letter:
 | Birmingham, March 4. 1912. | MT. T. A. Hamilton, Secretary of the 1 Confederate Veterans Better Govern-
 ment Association, City.
 1 Dear Sir: I was surprised to see in yesterdays (Sunday's) Age-Herald what purports to be an excerpt from a letter said to have been written by you to MT. J. IT. Trice, secretary of the sub-com- mlttee of the county executive commit- | tee of the democratic and conservative | party, in which you are quoted as saying: | It is currently reported that your of | fee gives out that our present treasurer, MT. Clanton Miller, has assumed the iordly proportions of a supreme court, and in an "expost facto" manner pro- nounces the primary law to be unconsti- | tutional, and states that he will not pay out any funds for expenses of this pri- mary election
 "In giving currency and circulation 10 that report, you have done me an in- justice which might readily and easily | have been avoided.
 q have made no such statement You, | yourself, have asked me what items of expenses of the primary election would | be paid from the county treasury, and my answer to you was that I did not remember just what the act provided, l but we would go to the office and read | it, and see just what it was, but you did not have the time to spare just then. I have seen you on the streets frequently since then. but you said nothing about this matter.
 'I went today to the office of Mir. J. H. Trice, secretary, and was informed that no such information, nor even hint or suggestion thereof, had ever been | given out from that office, but, that on the contrary, that l would pay whatever was legal, and that when you delivered your letter to him you made no inquiry of him, or of any other person in the office, concerning this matter.
 "The suggestion in that statement that am improperly assuming the determina- ton of questions not imposed on me by law to decide, and am using in a lordly manner any official power vested in me is unwarranted criticism.
 "A little reflection on your part would, or certainly a little investigation would, have brought to your mind the fact that in all payments made by the county treasurer, the treasurer, at his peril does have to pass upon the constitutionalty of all acts under which warrants for money are drawn on the treasurer of the county, and If he pays a warrant drawn upon him under an act which is uncon- stitutional, even though the warrant be regular on it's face, and signed by the proper officers of the county, the treas urer and his bondsmen are personally li- able therefor, and must return to the treasury the amount of money so paid That I do not act captiously i'll ad- visedly, you seem to indicate I re- fer you to my record for the seven years and three months I have been county treasurer during this time I have paid over 21S.000 warrants amounting to more than $4,50O.O00.
 During this time quite a number of warrants have been presented which
 
 preme court costs in a case brought against the members of the board of revenue) has been, by the courts. held improperly refused, the courts in all oth- CT instances where tests have been made sustained me in declining to pay During this time one bill for certain advertise ments was ordered paid by the county, and the countys warrant drawn on me therefor, which I declined to pay and n- Structe0 my clerk not to paV but which he afterwards overlooked and did pay I immediately replaced the amount 0ess than $100) in the treasury of the county from my personal funds and brought suit for the amount so paid and was awarded judgment in the circuit court, from which an appeal was taken to the supreme court, where the judgment in my faVot was affirmed. and the Judgment was sub sequently paid to me. Never at any time have I been called upon to pay back ans sum of money whatever that I had paid out. and never has any money been paid back by me except In that one instance.
 "I now expect to pay all warrants reg ularly and properly drawn upon me for the expenses of the approaching primary election, and have never said nor inti- mated to any one that I would not how ever. I have an official duty to perform. and if it should be shown me that the act under which such expenses are claimed and warrants drawn be unconstitutional it would be my duty to decline to pay, and I expect to do my duty in the fu- ture as I have in the past. and to do it fearlessy. conscientousy and courteous ly-ever bearing in mind that ability. f. delity and courtesy constitute the good public officer. Yours truly.
 "H. c. MILLER" TUJE CJCAT YUIC VXrVTT