The Birmingham age-herald., 1912-01-14
ATTORNEYS EXPLAIN JUDGE CAMPS CASE Says He Was Guilty of No
 WrOngdOing FEE PAID TOO LARGE Acting on Precedent, It Is Claimed That He Allowed Constable
 Two Dollars For Each
 Arrest Made
FEE PAID TOO LARGE

To the Editor of The Age-Herald;
 In July 1910. the governor, upon a re-
 port made by the state examiner. II. Y.
 Brooke, ordered impeachment proceedings
 instituted against Judge C. F. Camp,
 judge of the inferior court of Ensley. This case has been twice set down and called for trial three or four hundred witnesses being ordered subpoenaed at each setting. The last grand jury of Jef- ferson county returned an indictment against Judge Camp, charging him with having converted money in the sum ef twenty-six hundred CS26O0) dollars. which money had been received by him in his official capacity
 The act establishing the inferior court of Ensey provides that it shall be the duty of the county auditor to audit the accounts of this court. This audit had never been made, though Judge Camp has asked for the audit on several occa- sons
 Recognizing the fact that it would take an almost nterminable time to try the impeachment proceedings; that, lrrespec' tive of the result, the cost and expense of the same would be tremendous; and believing from the facts and from the documentary evidence which Judge Camp submitted to us that an audit made by disinterested auditors of his accounts and dockets would vindcate him of any wrong doing we advised him to offer his resis- nation as judge of the court, provided the state would agree to stand upon
 joint audit of his books and accounts to
 be made by Mr Brooke, the state exam- iner, and MT. Gillespy, the county audi
 tor. Judge Camp in turn agreeing to at once pay to the county any moneys which they found due from him to the county Judge Camp, after advising with his close friends in reference to this matter, ac- cepted this advice, and the agreement
 was entered into between us. representing him. and the attorneys representing the state of Alabama. Carrying cut thls agreement, Mir. Brooke and Mr Giliespy have carefully made an audit of the books and accounts of the inferior court of Ems ley, and as we expected. the result or
 this audit has been A complete vindica-
 tion of Judge Camp so far as the com
 mission of any wrongful acts is eon- cerned.
 This audit, in brief, shows that he Is charged with having collected fines and costs in the sum of $20S2 20. Included in this amount are ines amounting to $115 assessed against four persons, which fines were never collected by the judge, but were remltted by him, the auditors holding that he had no legal authority to remit fines, and, therefore, lie must be charged with these fines, but recommending that the governor remit this charge against Judge Camp. Deducting this amount leaves $l967 25 in fines and costs which, according 10 the audit, he has collected. The audit shows that every cent of this money was disbursed by Judge Camp. but that in making settlement with his constable, through a misconstruction of the laws, he allowed the constable more fees than he was entitled to and oVerpaid him In
 the sum of S144S.75 This overpayment consists principally of two items l. The constable of the court had been constable serving under justices of the peace for several years prior to
 the creation of the inferior court, and
 had always been paid and received S2 for each arrest. When the inferior court was established this payment was continued by the clerk and by the judge of the court The auditors claim that
 under the law he was entitled to only Sl 30 for each arrest.
 ?. In great many instances the
  ants under the same warrant and would be paid the arresting fee for each of the defendants. The auditors held that where there Is only one warrant, there should have been only one arrestng fee although taking as example, one instance when ? defendants had been really arrested under the same war rant Both the judge in paying these fees, and the constab ble in receiving them, thought that they were acting
 within the law. The net result of the report is that the judge has unin
 tentionaly, through oversight as to a change of fees allowed the constable, paid the constable more than the law as construed by the auditors. entitled him to receive and the report relieves
 him personally of the charge of having a cent that belongs to either the state or the county.
 After this report had been made and agreed upon, and submitted 10 the pros ecuting attorneys and to the judge, a
 verdict of jury and not iuilty in the criminal case was entered in Judge Camps favor
 We consider the settlement q satis- factory one. both for the state and for Judge Camp. While he has voluntarily
 rcllnqushed his office in order to avoid the tremendous expense of the court trials, the audit made by the represent atiVes of the state and county shows conclusively his entire freedom from any wrongdoing, which conclusion is further indorsed by the action of the court in orde ring. upon the recom- mendaton of the attorneys for the state,
 verdict of not guilty in his favor | in the criminal case.
 ALLEN & BELL BORDEN BURR, Attorneys for Defendant.