The Birmingham age-herald., 1913-04-18
HOLDS IN MOBILE CASE THAT
PUBLIC OFFICIALS CANNOT
COND0NE THEIR OWN IL
LEGAL ACTS-LIST OF DE-
CISIONS

1t was not the purpose of the legisla-
ture to allow public officials to con-
done their own illegal acts, according
TO a decision of the supreme court Of
Alabama put out today in reversing
the case of the county of Mobile
against Price Williams, Judge OF pro-
bate of that county, which was ap-
realed from the law and equity court
of Mobile. The opinion of the court
was written by Associate Justice Ed
ward de Graffenried.
The case grew out of an effort on
the part of the county of Mobile to
recover from Judge Williams and the
sureties upon his official bond as pro-
bate Judge of the county, a sum of
money which the court of county COM
missioners had paid to Judge Williams
on the grounds that the money was
paid without full warrant of law The
county claimed that the payment OF
Judge Williams claim was illegal. The
law and equity court of Mobile rem
dered a judgment in favor of the de-
fendant.
In speaking for the court Justice de
Graffenried goes into complete
analysis of the case as well as the
duty of county officials. He declares
that county is, in one sense, a COR
poration, in which sense ut has its Of
ficers or agents, who, when acting
within the authority conferred upon
them by law, may legally bind the
county" In another sense. county is
political subdivision of the state, Gre
or. hA
state in the administration of gov
ernment. Justice de Graffenried then
goes into full exposition of the law
declaring that there is no doubt that
when a county pays money to a county
officer for fees or compensation to
which he is not legally entitled, that
the county may be sued for the re-
covery of such money
Whenever public officer claims that
fee is due him for services which he
claims that he rendered as a public Of
f1eer the claim is made under color of his
office, and if he receives that fee he re-
eeives it under color of his office"
The payment of county funds to an
officer for services rendered by him
under the requirements of the law, and
for which service the law allows him no
compensation. is not only without consid-
eTatlCn, Dut-1S an allegal act.
Regarding the right of the county COM
mlssioners to compromise claims that
have been illegally paid. the court holds
that the county commissioners have no
right to compromise claims in favor of
the county except such claims as were in
existence when the code of 1907 was adopt
ed, and then only such claims ''as are
doubtful and which were paid in good
faith"
The county commissioners had compro-
missed some of the claims paid to Judge
Williams, and he contended that the ac-
tion of the commissioners was entirely
within accordance with the law, the lower
court holding that opinion.
The case will probably affect every
county in the state, and is considered of
far-reaching Importance, particularly in
view of the fact that it affects the right
of courts of county commissioners and
boards of revenue to compromise claims
held by the attorney general to have been
Illegally paid.
The decisions handed down by the su-
preme court were as follows
Anderson, J.-Illiza A. Pence VS.. Mu-
tual Benefit Life Insurance company,
appeal from Marengo law and equity
court; affirmed.
Mary Walker, administrators VS.. Bir-
mingham Goal and Iron company, ap-
peal from Birmingham City court; af-
firmed
Elk parte Southern Railway company,
petition for certiorari to court of ap-
peals; application for certiorari de-
MED.
State of Alabama, ex rel, Carter r.
Bibb ct al. VS.. Town of Warrior ct AL,
appeal from Birmingham city court;
affirmed.
]. w. b. Hawkins VS.. Damson & Abra-
ham, appeal from Madison law and
equity court; reversed and remanded.
r. E. Bell VS.. Guss Sfriver ct al, ap-
peal from Coffee chancery court; af-
firmed
Peoples Home Telephone company
VS.. Charles c. Cockrum, appeal from
Jefferson circuit court; reversed and
remanded.
Commercial Coal Mining company
VS.. A. j. Lambert, appeal from Walker
circuit court; reversed and remanded.
d. Yancy Miles, Jr., VS.. Josephine
Lee tie al appeal from Montgomery
city court; affirmed. Mayfield, j., dis
sents
Timber company VS.. Mcclure Lumber
company, appeal from Mobile circuit
court; reversed and remanded.
frank L. Allen, ct al, VS.. state ex rel,
W.. III. Rowe. ct al, appeal from Mobile
law and equity court; affirmed.
Mary j. Martinez, ct al. VS.. Elizabeth
ID. Meyers, ct al, appeal from Mobile
law and equity court; reversed, rendered
and remanded.
j. l.. Hornsby VS.. ]. d. Tucker, appeal
from Elmore circuit court; reversed and
remanded.
c. d. Ebersole VS.. A. E. Fields. appeal
from Birmingham city court; affirmed.
Birmingham Railway, Light and Power
company vs.. J. II. Wilcox, appeal from
Jefferson circuit court; affirmed.
l.. b. stephens ct al. vs. court of county
commissioners of Cherokee county, ap-i
peal from Cherokee circuit court; af-
firmed.
s. A. Mccall, administrator, VS.. ]. d.
Hail. appeal from DeKalb chancery
court affirmed
Mayfield J.-Meridian Life Insurance
company VS.. Annie Dee Dean, appeal from
Conecuh circuit court; affirmed.
Meridian Life Insurance company VS..
Francis j. Dean, appeal from Conecuh
circuit court; affirmed
Lillian III. Baker administrative, VS..
George J.. Baker, trustee, ct al. appeal
from Selma city court; affirmed
National Union VS.. jamie Sherry, ap-
peal from Barbour circuit court affirmed.
b. nj. Cachet VS.. A. NJ. Martin, appeal
from Bullock chancery court; affirmed.
j. G. McLendon VS.. Sam Rubenstein ap-
peal from Crenshaw circuit court; af-
firmed.
Pacific Life Insurance company VS.. Sa-
vannah Shields, appeal from Birmingham
city court: affirmed
Sloss-S Sheffield Steel and Iron company
vs. Arthur Capps. pro ami, appeal from
Bessemer city court: affirmed.
Western Union Telegraph company VS..
Laura Dunlap, appeal from Shelby CIR