The Birmingham age-herald., 1920-12-21
BOARD OF REVENUE ID LEGALITY OF
 WARRANTS ISSUED
Friendly Suit Filed to Bring Matter to ISSue-BalI States Law Enforcement
 Will Suffer

OI bAlC dCIlOI O1 GliC OOoA VI VI revenue in paying the expense of operation and maintenance of automobiles furnished coun- ty employees a test sui. will be filed in the circuit court. Thi, announcement was made yes terday by D c. Ball, chairman of the board, who stated that a petition for an injunction en- joining the board from issuing warrants for the payment of operation and maintenance of all county automobiles would be filed.
 This action is taken in view of the report of the state auditors who ex- amined the books or Jefferson county for the past four years, and reported that all moneys used in the purchase as well as operation and maintenance of county automobiles furnished employees with the exception of those engaged in read work had been illegally spent,
 The suit will be a friendly one and will in all probability be taken to the supreme court. At conference Of
  if and their respective attorneys held yesterday afternoon it was decided that this action was necessary to as- certain just what authority the board had in the matter.
 CHAIRMAN BALLS VIEWS
 '.The law enforcement work of
 the county will he greatly impaired
 and public charities heretofore
 aided by the county will suffer
 unless future appropriations bear
 ing on these subjects, and which
 the state examiners in their re-
 port termed Illegal, can be legal
 ized," said MT. Ball GOT course, if
 this cannot be done then I think
 the other members of the board,
 like myself. will pass them up.
 While some of the meney set out in the report as having been illegally paid out might have been paid without legality, a large part of the total amount, such as that used for law en- forcement, furnishing transportation for the sheriff's office, the solicitor's force and the coroner in carrying out their necessary duties must have been legally paid or the county will be ter ribly handicapped in the future in properly enforcing the law Most cer- tainly the law intends that the sheriff and other law enforcing officers should have funds with which to pay trans. portation expenses, for surely it is not the intention of the law for the sheriff in going several miles from the court. mouse to make an arrest to walk il order to reach the scene.
 "As for the appropriations made tt the charitable institutions in. my opin- lon, that certainly should be propel function of the county. The 1919 leg is-athre passed law giving the coun ty full charge of the juvenile cour and yet m appropriation for the Chil oren Aid society, really part of tn, court, Is considered Illegal. This mat ter VIII have to be thrashed out il order to determine just how far tn, board can go in making appropriation, of this kind"
 It IS expected that the report vii De taken up at the meeting of tn, board this morning, when some actiol will be decided on.
 HENRY'S STATEMENT
 M. V. Henry, county treasurer whe, asked for d statement in reference [, the report of the state examiners con corning disbursements made by him O, alleged illegal warrants issued by in, board of revenue, said:
 T had competent legal advice that th, warrants in question were legal. and that It was my duty to pay the same. the proper time and before tho nrona, tribunal, l am confident that it will b, shown that my advisers were right ane that the advisers of the state exam iners are wrong as to the legal question, involved. In any event it is apparen that the objections to the legality of th, warrants are for the most part basef wholly on technical grounds, and tba .here was value received on the part ol the county for the warrants in question
 Meanwhile. however, it will be in, part of prudence for me to decline f, pay any future warrants, the validity n which has been questioned in the exam iners report, and the friends and sun porters or the various charities whicl have been receiving assistance from in, county will have to get along as beg they can without this help until it ha, been determined by the proper authorit, that the county has the right to extenC it's aid to these several charities"
 COPY TO GRAND JURY
 Whether or not the report of tn, auditors will be called to the attention of the next grand jury for inyestiea+ior as to any criminal liability that nigh be involved will depend on Judge William E. Fort according to Solicitor Joseph K Tate. copy of the report can bs turned over to the grand jury should tho  court deem it necessary, and the atten tion of the county jury can be called tc it in the charge delivered by the court Although no information has been giver out regarding the matter, 1t is expected that the attention of the grand jury vii be called to the findings of the exami ners. The new grand jury will be i'm paneled on January 3
 It is pointed out that in regard to tho civil liability that that may be occasioneo by the report. Judge McCalled, chief oi the state board of examiners. will pass on the findings of the investigators, and may or may not, as he deems desirable overrule the findings regarding civil lia bllity. He will report to the attorney general after reaching his conclusions and civil action may then be started bs either the county or state to test the le- gality of the treasurer's action in mak. ing the payments claimed to have beer To-, IIxs