Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-10-31
STATUTE AGAINST.
FEE SYSTEM IS
ATTACKED
ConStitutiOnaIity of Act of Last
Georgia Legislature To Be
Tested by Legal Action.

Fulton county's salary act Of 1911.
designed to remove seven county of
ficials from the operation Of the pres
ent fee system, viii be tested for it's
constitutonaity in the courts before
it becomes effective on January /.
That, at least. is the present attitude
of the county officers who will be af-
fected by the "anti-fee system" bill.
The county commission will be asked
to take the matter to the courts by
November 90, the date on which the
commission will be forced to fix the
expenses Of various county offices for
the ensuing two years.
Tax Collector A. P Stewart believes
that the salary act is unconstitutional,
and his opinion is backed up by the
findings Of several local attorneys who
have been retained by county officials.
Stewards Dual Offices.
There is nothing that I expect to do
directly" said Mr.. Stewart. 81 don't
feel that it Is in my province to rush
into the courts with this matter but
like the other officials l want to know
where ! stand
one under the state and the other I'M
der the county. This salary act pur-
poses to do away with the fees of this
office and substitute salary of $4,000
a year. l don't know whether the
salary is for the county office or for
the both offices, and ! won't know I'M
til the courts decide the matter
For that reason ] expect to proceed
just as l have been until the matter
is tested thoroughly in the courts.
expect to ask the county commissioners
to bring the case to determine the stat
us of the entire act. have the opinion
of reputable lawyers that the act is
unconstitutional"
Expense Accounts Required.
Under the new law county officials
are required to send to the commits
sion by November % claims for office
expenses. The act affects the tax col
lector, the tax receiver, the ordinary.
sheriff, clerk of superior court, soliC-
itor general and solicitor of the city
court. These officers will join with the
tax collector in asking the commission
to test the act before permitting it to
go into effect.
The salary act passed by the legisla-
ture during the summer session of 1911
and effective on January !, 1918, was
the result of ceaseless agitation to take
county officials from, the present fee
system. BY its provisions 1t affects no
county but Fulton, and it is this phase
that has raised pertinent questions as
to its constitutionality
II provides a straight salary for seven
county officials and puts it up to the
county commission to determine the
office expense of each. In one of its
clauses it provides that no official un-
der its operation can draw down a sal
airy until the fees of his offices are suf-
ficient to pay such a salary, so some
of the present officers will not be able
to draw their salary for 1913 until late
in that year
Powers Defined.
According to the best information.
the state constitution distinctly defines
the tax powers of the county commits
sion and for this reason the commits
sion will be unable to levy a tax to
meet the expenses of the county offices
without running counter to the funda-
mental law.
1t is these questions wish are agi-
tating the officials affected, and will
result in a court test of the entire
status before it is put into operation.
Because Of the dual character Of
my office" said Tax Collector Stewart.
81 expect to sit tight until the COM
mission puts it up to the courts. My
office really does more work for the
state than for the county. and the act
makes it difficult for me to reconcile
the two positions"