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

 McAdory, and that these three deputy solicitors have been drawing s700 per month salary since January 15, l917 We find that Solicitor Black is the chief prosecuting officer of the county, and has been since the election, and that he has had the right during that entire time of designating who shall do the work of the courts We find that Deputy Solicitors James G. Davis, John P. Nc Coy and Wallace c. McAdory are un- necessary officers, and have drawn $70t per month since January 15, 1917, without having performed any labor whatever, and are securing $7O0 per month with ab- solutely nothing to do. We requested Solicitor Tate to ask for the resignation of these deputy solicitors, and he posi- him to discharge these deputy solicitors but he said that he had no right to do so, except for cause, and he has not done so.
 POWER OF SOLICITORS
 The case of Touart vs. the state, 173 Alabama Reports p. 45S, 56 So. Rep, D. 211, the supreme court stated as follows: "(D If the appointing power is given the right to fix the term during which the appointee is to hold office, then, of course, the right of the appointee terminates al LllG eIlu Ol lne VIII Ol ln6 dppOlnu1nB power; that is, the appointing power can remove him at pleasure, unless the act or statute authorizing his appointment pro- vides otherwise
 Under this provision, the grand jury believes that Solicitor Tate has full power to remove the deputy solicitors at will and that they should be discharged.
 We do not believe that it Is con-
 sfstent with official duty nor com
 Ia Ack- GnIs sr5k
 James G. Davis. John P. Mccoy
 and Wallace c. McAdory to con
 tinue to draw money for which no
 services are rendered..
 We find that Solicitor Tate Is per- hitting, by his failure to discharge these deputy solicitors, an actual dona- tion of $700 per month of the peoples money. which, if allowed by him to continue until his term of office ex- pires. will amount to $f6,S06 Such 8 will ful abuse of discretion we believe to be wrong and without precedent in this county and we, therefore, recon : mend:
 DISCHARGE DEPUTIES
 1. That Solicitor Tate immediate
 Iy discharge Deputy Solicitors
 James G. Davis. John P. Mccoy and
 Wallace c. McAdory.
 2. That these deputy solicitors
 return to the treasury of the state
 and county the $21OO which they
 have accepted without the rendi-
 tion of one dollars worth of labor
 therefor.
 3. That if Solicitor Tate does not
 remove the deputy solicitors im-
 mediately. they do not resign,
 that the solicitor of Jefferson
 county and the attorney general
 of the state at once exhaust all
 legal remedies to remove such
 deputy solicitors and protect the
 peoples money. which should be
 used for legitimate purposes. 4. That unless such deputy sO- licitOrs are so removed or resign that the next grand jury organ ized in this county take the neces- sary steps to proceed against So- ltc1tOr Tate for gross and wiIlful abuse of the discretion allowed by the decision of the supreme court. These suggestions we make withou any partiality or prejudice, but by req son of the fact that we have investi gated and discovered this alarmins condition, and even though we have discussed the matten with Solicitor Tate and all his deputy solicitors, Vt have been unable to obtain from then any relief or promise of relief. i At a time when the watchword O. every citizen should be economy, ther, should be no useless pensions paid tt lable-bodied men, as these solicitors are now, and have been, drawing, ant will continue to draw until January 1919, unless Solicitor Tate performs his duty and discharges them the dep uty solicitors resign, or some vigorou remedy is administered.
 1 BOARD OF REVENUE l From testimony from members O the board of revenue and other wit nesses. it is the opinion of the grant l jury that the affairs of the county ar, not being handled in the able ant economical manner in which the. should be- the president of the boar, ltestifying before the grand jury stated that while it had been intende, that special duties be assigned to diff ferent members of the board this hat not yet been done, and it was his opin ion that the board could be so ar