The Birmingham age-herald., 1921-02-20


 changing the methods and basis of com
 pensation under this act
 The humane officer is appointed under authority of general act of 1911, page 1l2.
 This law gives the court of county com
 missioners the discretionary right to em ploy such person and fix his compen- sa ation. His duties are specially to en- force all laws for the prevention of cruelty to animals, and all laws for the prevention of cruelty to children. lie has the authority of a deputy sheriff. Act of 1915, page 949, makes 1t the duty of boards of revenue of counties of more than 200,00o inhabitants to ap- point such officer. Sections ? and ' ct
 an act approved September 16, 1915 (Gen. Acts 1915, page 56o), place large duties on this officer, requiring him to go any where in the county to bring offenders before the juvenile court, making trans portation necessary for him. The duty is also placed upon him to take the con victs from the jail to the convict camps almost daily.
 SALARY IS FIXED "The act approved September 25, lslo (Gen. Acts, 1915, page Sos), fixes the an nuai compensation of the coroner at 5000 in Jefferson county. The fees and perquisites belonging to the office shall be paid into the coroner's fund in the
  pensation and expenses of the coroner office shall be paid out of such fund. This coroners fund has now, by later
 act. been placed into the general fund of the county 1t is the duty of the coroner to hold inquests in different parts of the county, and to perform the duties of sheriff when he (sherifD is ! interested, imprisoned, or the office is va cant. This requires him to go aver the caunty and neceSSitateS an expense O1 travel to his office
 "The health officer of Jefferson coun- ty is an all-time officer. is paid an an nual salary He is required to visit the county jail, all convict camps where county convicts are worked the county almshouse, the county courthouse and other public buildings belonging to the county, at least once in each month. and perform certain duties in regard to each and it is his duty to go to different parts of the county to look into all cases of infectious diseases and make reports thereon Transportation is necessary for the performance of these duties required of him by law
 NECESSARY EXPENSES The answer shows that the gasoline, repairs weed chains, and parts furnished, evidenced by said claims against the county, were used in the cars of the county, and were necessary for them to run; and that said cars were used by the county and said officials thereof for 1 the purpose only. of performing their re- spective official>duties.
 l There is no irtiniation insthe blf that 1.-the automobiles were used for any other ! than official purposes in the performance
 of official duties. If they were the law i gives remedy
 This court held in 'Ensley Motor coma l pany vs. ORear, 7f South. 704, that the courts of county commissioners or boards of revenue with general authority over roads and bridges, had-th. right to pur- chase an automobile to be used for the purpose of constructing. maintaining and ir specting the roads and bridges of the | county
 COUNTY IS LARGE l "Jefferson is a large county, approx ] imately 50 miles in length. and 2s miles | in breadth with a population of prac- tscally 3O0,000. It underwent great change when these officials we're placed on a salary and their fees and commis- sions deposited in the county treasury. It will not be considered for one moment 1 that the legislature expected them, out of thir salaries, to pay their expenses some almost daily going to different | parts of the county. If so the salaries ! of some, if not all, would be practically consumed in such expenses.
 | "When the legislature directed the
 board of revenue of Jefferson county 70
 pay the cost of the conduct and opera | tion of such offices, and to adopt rules and regulations for the conduct and op- eration of all such offices. made neces- l sary by changing the method and basis l of compensation under this act it cx- pressly or impliedly authorized them to provide transportation for the officers when in the discharge of their official | f<af frSpa stated The office to be no expense dur | ing the term to the county, the fees land Commissions collected therefrom must pay or overpay all expenses of | the office. :. Tt being the. duty of the county to pro- vide transportation. then that convey 1 ance which will give the best. quickest and most economical. service should be purchased. At this time. the automo- bile has the preference-Local Acts 1915. page 314: Ensley Motor company vs. C'Rear, Il south. 7O4; Gen. Acts 1915, page 3s2 and 3Ss Montgomery company vs. Barker. 45 Alabama. PAP; County Court vs Moore. B Alabama. 9; Board | of Revenue vs. Merrill. 1s3 Alabama, 52S:
 Jack vs. Moore, s6 Alabama, 1ss; Mont i somery County vs- Pruitt. 175 Alabama l ssi
 1 ."rhe answer of the respondents dis- closes that the county owns a trucks and nine autOmoblieS that are used exclu- l sively for the purpose of constructing maintaining and keeping up the roads of the county that there are in daily | use 34 automobiles of the county. for the sole purpose of performing the official duties of the officers of the county. They I have erected on property of the county I garage; and when the automobiles l are not in use for the performance of ] the official duties of the officers. they are stored in the garage. In this garage 1 the county has all necessary articles to repair the automobiles and expert me- '.chanics to do the work and in this way Keeps the cars in running order and sees that none are used except for legal pur- ] poses by proper officials. In this t appears from the answer I.that the board of revenue issacting wire : | iy, with economy. and within the Implied authority of the law.
 l '"The court below properly denied the l Injunction. si sAffirmed Anderson. C. J.; sayre and l Gardner, JJ.. concur. l Drops Wark Detector Wifes l Though the stop motion for looms has been in use for many years, dropping I the detector wires on the warp thfeads has contirfued to be laborious manual 1 nrocaan so VI PonuIar Mecha nica Ma ea i.