The Birmingham age-herald., 1912-07-11
LEOOBERDORFER
 RAPS FEE SYSTEM Lawyers League Held Big Meeting Yesterday COMMITTEES NAMED C. K. Harsh Discussed Need of New Jail and Courthouse-Many Plan
 to Attend Bar Associa-
 ton Meeting


 denouncing the fee system was the feat ure of the meeting of the Lawyers league yesterday afternoon in Fraternal hall. MT. Oberdorfer spoke for some time, claiming that the reasons for the existence Of the fee system were no longer present in the county, and that the obnoxious system should be done away with" G. R. Harsh addressed the league on the need of a new courthouse and jail for Jefferson county. giving numerous reasons for the necessity of a new building. The league also authorized the presi- dent. G. H. Huddleston. to appoint com- mittee of 20 members to devise ways and means for the abolition of the Tee system and to devise appropriate legislation to take It's place.
 It authorized the appointment of an- other committee of nine members on the revision of civil and criminal procedure and to devise and recommend remedial ac- | ton.
 Another committee of seven members will be appointed in the near future to act as a grievance committee to discuss grievances against lawyers. judges. both
 
 appoint these committees within the next 1 few days.
 1 A number of speeches were made yes- terday to arouse enthusiasm in the meet ing of the State Bar association. which will convene in Montgomery on Friday and Saturday of this week. A delegation of about 50 members is expected to att | tend from Birmingham.
 In his address, on the fee system MT. Oberdorfer said:
 We understand the term fee system to tive and certain other officers are com pensated or rewarded at a certain fixed sum for each particular service or act. It is. to use another form of expression, the mode whereby the officer Is paid by the piece or by the job a certain price for each piece or each job This mode of compensation Is different from the sai- ary system-a certain compensation for certain length of time, as so much month or year.
 The reasons that induced the adop- ton of the fee system may be said to be two:
 T. It was thought that, to induce an officer, a solicitor for the state, a sheriff, or n clerk of court. and other officers. to discharge his duty the state had to tempt his cupidity by batting him with reward for each act, like we still offer a reward for the capture of a desperate outlaw In Sparse Settlements "2. If was found. especially in sparse | ly settled communities, difficult to as- certain and fix just what the amount | of compensation for these officers should be, as the work was more or less uncertain In amount and fre- quency. and the compensation by fees for each service rendered. as the most practical method under those condi- tions was devised
 of reasons for a fee system ever existed. they have long since failed 10 exist in Jefferson county:
 "1. No clerk of a court in Jefferson county can or does undertake to do the actual clerical work himself The sheriff does noe himself do the actual sheriff does not himself do the actual | clerical and sheriff's work Is done | ldfEely bN deputies. what incentive drives these deputy clerks as they capably and lndustriously keep the rec ords of the courts and issue Its pro- cesses, these deputy sheriffs as they | faithfully and courageously serve the writs, summon the jurors and make the arrests? Fees7 Why. no the clerk and the sheriff get these rich emoluments. These deputies sense of duty to their | superior and their salary-yes. salary at In of dn1lnT.e month.
 50. we are having the actual work done in the factory by the wage or salary system. and the captains of | this industry are charging us for it by the piece, at an enormous profit. Our Baltimore platform pronounces for ! reduction of tariffs, against the en- richment of the few at the expense of the many Why not begin at home? Services Irregular
 "2 The officers services were need cd only irregularly and occasionally in former times and still such is the case in small counties. and 1t was difficult to say how much should be paid to a man when It was not known hoy many hours, if any. he was to be oc- cupied In month or year. Not SO now and In Jefferson county. How long will the work take him? Every day in the year and every hour during the work day. What kind of work? Similar to that done by their deputies. Is 1t not practical. knowing the time re- uuired and the skill and capacity re- quired to fix the salary for the cap tain?' But he may need more or less assistants. So does the chief of po- lice, who is on a salary. So do the commissioners of Birmingham The board of revenue can fix the number of assistants. The fee officers determine the number of the assistants and their work and the board of revenue would have this guide. @. The clerk and sheriff are both of fcers of courts, and must serve its processes or be subject to punishment for contempt and they are subject to other penalties. guaranteed by sureties for failure to do their duty. The clerk is subject to removal by the court, the sheriff to impeachment, and both to the great power of public opinion.
 There is no danger under the sal ary system of the officers not doing their duty. there is grave danger un- der the fee system of the officers over doing their duty.
 Money in Arrests
 By this system the sheriff becomes in terested, financially. in making as many arrests as possible. If he feeds 300 prison CTS which Is said to be the average in Jefferson county. at 3oc per day. which cost him not more than 10c. he has here profit of 20c, s21. .GOo per year. on this single item.
 "Is there any wonder that the jail can be kept fnll and there is need for larger one?