Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-10-30
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
hcials from the operation Of the pres
ent fee system, will be tested for it's
constitutionauty in the courts before
il becomes effective on January l.
That at least, is the present attitude
Of the county officers who will be at
fected by the "anti-fee system" bill
The county commission will be asked
10 take the matter to the courts by
November 20 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 ! 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 | want to know
where l stand
AT the present l hold two positions,
enc under the state and the other un
der the county. This salary act pur-
poses to do away with the fees of this
ctf1ce and substitute a salary Of $4,000
a year | don't know whether the
salary is for the county office or for
the both Offices, and l won't know I'M
I'll the courts decide the matter.
For that reason / expect to proceed
Just as | have been until the matter
is tested thoroughly in the courts. l
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 20 claims for office
expenses. The act affects the tax coll
lectoT, 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 1t to
go into effect.
The salary act passed by the legisa-
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 it affects no
county but Fulton, and 1t is this phase
that has raised pertinent questions as
10 its constitutionality.
1t 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 I'M
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 1918 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.
Il expect to sit tight until the com
mission puts 1t 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"