The Birmingham age-herald., 1917-05-12


 men have ever known the theatrical world like MT. Wells. In coming to Br- mingham with MT. Loew I feel that the transfer gives me wonderful oppor- tunity to develop and create fine clien- the American Trust and Savings bank, and that the daily balances with the bank have been a little over S400.000 since he took charge of the treasurer's office, on which daily balances the county or no one connected with the county treasurer's office, has received any interest. While the law does not provide for interest being paid on the funds deposited by the county treasurer, it is the opinion of the grand jury that interest could be, and should be, collected by the county on these daily balances. The county treasurer testified that the American Trust and Savings bank paid one-half of the premium on his bond, S6S7.5o, and further evidence developed that the board of revenue paid the other half of the premium on the bond of the county trea surer.
 It fs the opinion of the grand
 jury that the county treasurer has
 no authority by law to receive
 personal cOmpensations from the
 bank on account of my deposits
 made, and that the amount so re-
 ceiyed by him from the bank
 should be returned to the bank,
 the law providing for the county
 treasurer paying for the premium
 on his bond. The board of revenue
 had no authority to pay $637.5O.
 one-half of the premium, out of
 the county funds, which amount
 should be returned by the treas
 urer to Jefferson county.
 TREASURER'S BOND
 Section 2l0 further provides the court of county commissioners shall request an additional bond whenever any special fund is to be received by the treasurer and pay the premium therefor. The evil dence before the grand jury shows that no bond has been given by the treasurer for any special funds. the county at the present time being without any protec- ton from bondsmen covering the special funds of the county, and if any defalca- tions should occur, then the county would have no right to recover under the pres ent bond. The grand jury recommends that section 210 providing for the bond of the treasurer be enforced, and bond be given equal to double the annual rev. enues of the county, the treasurer to pay the premium as provided by law, the board of revenue to see that the proper bond is given covering any and all special funds now in the hands of the county Urea surer or that may here after come into his possession, it being the special duty of the board of reve- nue to see that the amount of this bond be sufficient to properly secure the county.
 ABOLISH TREASURER
 From the evidence, the grand
 jury believes 1t would be great
 saving to the county If 1t were
 possible to abolish the county
 treasurer's office, and the duties
 of such office were performed by
 bank, which bank would be re-
 qufred to comply with section 210
 fin furnishing bond to the county,
 the account being handled by the
 hank without any expense what
 ever to the county, the value
 to the bank of the interest on the
 daily balances would more than
 compensate the bank for the pre-
 mium paid on the bond and the
 expense of keeping and handling
 the account.
 WITNESS FEES AND MILEAGE
 In his charge to the grand jury Wednes- day, March 21. 1917, Honorable William K. Fort, judge of the criminal division of the circuit court, requested that the grand jury look into the system and prac- tice of paying witnesses, advising that the court records did not show an at tendance of some witnesses claiming at- tendance and mileage, the certificate be- ing issued by the clerk on their state ments on which the grand jury wishes to report as follows:
 Section 319 of the code of Alabama provides that on and after January 1, 1916, state witnesses summoned as wit nesses for the state in the circuit court and the criminal court of Jefferson coun- ty shall be paid $1 per day and mileage. and that the clerk of the circuit court or criminal court, as the case may be, shall give each witness a certificate showing the number of days he has at tended as a witness, and the number oi miles travelled, and the amount he Is due to receive for such attendance and mile- age.
 The grand jury does not believe any witness is entitled to fees and mileage travelled unless he ix present as . witness when the case
 is called or is being tried, and he is present to appear on the wit
 ness stand when needed, at which time his name should he checked by the initials of the trial clerk. The remedy for the Iooseness of this system in issuinE these wit
 ness certificates by the clerk is entirely in the hands of the trial judge and trial clerk.
 ACSlO AIN LIFT U 0OLANAA ! OAsC It having come to the attention of tht grand jury that deputy solicitors were receiving compensation for which the, were not rendering service. the grane jury deemed 1t wise to go into an In ] vestigation of this matter. During thi' investigation Solicitor Hugo l.. Black. wht assisted the grand jury in all It's othe work, was not present, as the Information originating this investigation was not re- ceived through the solicitors office neither did he participate in any of thu grand jury deliberations concerning th' same. We have made a careful and i'm uartial investigation. As 8 result w {, find that Solicitor Hugo l.. Black hal two assistantss and that Circuit Solicito Tate is now. v and has been since hi election. the assistant of Solicitor Black three deputy solicitors. namely: James c Davis. John P. Mccoy and Wallace c