The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-03-21
VEST RESOLUTION IS
-.~.. WITHOUT LEGAL FORCE

p l 9 H NJ o N d, VA-Special.-
It tS admitted on all sides that
Senator Vests resolution calling
upon State officers receiving fees
to report their 1912 and 1918
emolumentS to the State Senate
OF 1914, Is not worth the paper it
Is written on so far as It's legal
elect Is concerned, though IL -
fOndly hoped In some quarters
that it Will be observed none the
less on that account. Certainly
that was the assumption on
which the Senate passed it.
The resolution, it should be ex-
lplained. was not passed by both
1t is simply an eleventh hour Senate
expedient which was adopted after
Senator West saw that his bill with
the same object in view could not
pass.
The Inflated bill, of course. would
have admirably accomplished the pur-
pose 1t had in view, and in a way the
same would have been the case with
a joint resolution.
But a resolution passed by only one
house is a far different proposition
There is no way of enforcing its oh
servance. While the legislative com
mittees, as well as the Legislature it
self, have authority TO summon wit
nesses and enjoy other privileges at
taching to courts, they derive this au-
thority either from the organic law or
from some statute. But the West reso-
J Tuition comes in a different category. 1t
has no such backing.
The senators were, for the most
part, fully aware of this when they
adopted the resolution, but they en-
tertained the belief that the resolu-
ton, nevertheless, would have great
moral effect" In other words. they
! thought that the fee-drawing officers
1 would not dare to ignore the resolu-
ton, as such a course on their part
would indirectly confess a fear lest
me people ind out how much they are
making.
Now this line of argument might
prove effective IL il were an assured
! fact that most of the clerks. sheriffs.
, sergeants and other fee-dra wing Off
GERS would report TO the Senate Of
1914.
But IL never seems to have occurred
to any one that the officers in Ques-
ton may get together and decide, as
unit, to ignore the resolution.
This would be an effective way Of
avoiding the odium which would at
tach TO the recalcitrants, if they were
in decided minority.
or course ii Is too early as yet to
speculate as to the course of those
from whom the Senate seeks informa-
tton- The resolution was rushed
through the Senate so quickly that il
is hardly likely that those it Concerns
have yet had an opportunity to put
their heads together and map out a
plan OF acuon-or should one say In
action?
1t is a mistake to suppose that all
iPourt clerks-the resolution perhaps is
more aimed at them than any other
class OF off1cerS-all derive big incomes
rom their labors. A good many of
them, especially in counties remote
from large cities or industrial centers,
| barely make living.
| These, maybe. will be glad to report
In the hope that the Legislature viii
DO more for them in the way OF in
| creasing their compensation.
| On the other hand, there is a class Of
! clerks who are literally battening off
! their fees. These men are holding
! office either in the cities or in the
neighborhood OF big cities, where real
estate is active and constantly chang
ING hands. Then, too, the law business
in such communities also is proper
honately large.
Not few clerks. who present the
! outward appearance of thrift really
{ have their incomes much reduced by
the salaries they pay their deputies.
| But after all is said, the fact re-
mains that there are twenty or more
clerks whose offices must pay them
magnificently.
Today the question is: VIII these be
able to coax their less fortunate breth-
rem into silence. The impression here
seems to be that they will.
| The West resolution is as follows:
! Whereas sections 1914 and 3499
| OF the Code of Virginia of 1887 re-
quire clerks OF the courts, sheriffs. SER
geants and certain other officers to
keep fee books for every service per-
formed by them and the fact of such
3 fees being paid, or a bill being made
out therefor, whichever shall happen
first; now, therefore,
BE it resolved, That the clerk of
/ the Senate is hereby instructed to COM
! municate copy of this resolution to
the clerks of the courts, sheriffs and
Sergeants, and ascertain the aggre-
gate amount of fees received by them
( for the calendar years of 1912 and
1913, respectively, and report such in
formation to the next session of the
Senate in 1914, and If any of said of
| hcers decline to furnish said informa-
ton, the clerk of the Senate shall re-
port declination in detail at the time
above stated"