The Marietta journal. (Marietta, Ga.) 1918-1944, 1919-04-04
ATTORNEY BLAIR SAYS
SOLICITOR SALARY LAW
SHOULD Be RECOGNIZED
Law Valid Until Declared
Unconstitutional
Duty of Clerk of Superior Court to
Collect Fines and Fees and Paw
To the Treasurer of County AS
Provided by Recent Law.

Last year the legislature passed a
law putting the Solicitor General of
the Blue Ridge Circuit on a salary.
At the time we called attention to
constitutional obstacles which made it
impossible to collect money to pay
such salary.
AS we stated in these columns some
weeks ago, the Solicitor General has
continued to collect fees as under the
old law, and the matter was brought
to the attention of the Grand Jury
by Judge Morris in his charge at the
last term of court
On Tuesday of this week at the
meeting of the county commissioners,
a letter was read from Attorney D. w.
Blair, directing their attention to the
law, and the board advised the Clerk
of the board to call the matter to the
attention of the Clerk of the Superior
Court, who under the law, is charged
with the collecting and paying to the
Treasurer the fees which under the
old law went to the Solicitor General,
and also to tender to the Solicitor
General voucher for the sum due
him by Cobb county under the new
law for the quarter just ended.
We have not been able to get an
interview with the Clerk of the Court
or the Solicitor General, but we give
below the letter of the County At
torney to the board, which was read
in open meeting on Tuesday:
Marietta, Ga, March 6, 1919.
Board of Commissioners,
Cobb County,
Marietta, Georgia.
Gentlemen: l am calling your at
tention to the Act of the General
Assembly Of this State, approved on
August Goth, last, which provides that
the Solicitor-G General of the Blue
Ridge Circuit shall be put upon a sal
airy, and the fees heretofore paid to
him should go into the Treasures of
the respective counties of the Cir
cult. The Act appears on page $50
of the Georgia law of 1913.
Briefly, it provides salary of
$3500.00 to the Solicitor General, to
be apportioned among the several
counties of the Circuit according to
their respective populations, as shown
by the Federal census of 1910, and
that all fees coming to the Solicitor
General for fines and forfeitures go
to the counties.
1t is made the duty of the Clerk of
the Superior Court to collect all costs,
fines, forfeitures and fees and all
funds, monies, and emoluments accru-
ing to the Office of Solicitor-Gen
from the courts of the respective
counties of the Circuit, and to pay
the same into the Treasures of the
respective counties. Funds so paid
become the property of the counties.
1t is further made the duty of the
Clerk of the Superior Court to make
written reports under oath of the
amounts so collected, and make pay
ments and remittances thereof to the
Treasurers of the counties within 30
days after adjournment of each term
of court held in their respective coun-
ties. One copy of the statement shall
be made by the Clerk and sent to the
Treasurer, and duplicate thereof
would come to the County Commits
soners. The Clerk is required to
keep an accurate, detailed and exact
record of all fees and emOluments
including insolvent costs earned by
the Solicitor General from any and
all services whatsoever arising with
in their respective counties, together
with the record Of all collections made
thereon.
The Act provides that the salary to
the Solicitor General shall be paid
quarterly at the end of each quarter
by vouchers duly issued to him.
The census of 1910 shows the fol-
lowing populations by the counties
comprising the Blue Ridge Circuit:
Cobb, 28,397; Cherokee, 1861; Mil
ton, 1899; Forsyth, II $40; Pickens,
9,O41; Gilmer, 9,237; Fannin, 1854;
making the total population of the
Circuit 95,089. This is G368 for each
individual of the population of the
circuit. The $3,500.00 apportioned
through the counties according to this
population would make Cobb county's
part of it $1,045.00, equivalent to
quarter payment of $261.25.
1t is my opinion that the County
Board should put this Act into effect
or at least make an effort so to do
The Legislature has passed it and if
it is valid the authorities should rec
ognize it and have it carried out. On
the other hand if it is invalid, let the
courts say so and the public under
stand why it is not being enforced.
/ called the Clerk of the Superior
Courts attention to the matter some
days ago and asked him if he was
complying with it. He told me he was
not. | informed him l intended to
recommend to you gentlemen that you