The Birmingham age-herald., 1924-08-06
TECHNICALTTIES
 LAID TO CHARGE AGAINST BROWN
Judge Lea Voices Belief In Integrity Of
 Court Clerk

Declarations that there is no real shortage in the third division of munic- ipal' court and that charges against Lucien W. Brown are based entirely on legal and technical points were con tained in statements issued Tuesday by both Judge Thomas R. Lea, head of the court, and by Brown.
 These declarations were made despite direct allegations in the report of W. L.. Malcomb and R. l.. Avery, state ex- aminers, that there is plain evidence of wrongdoing in Browns accounts. The report bases the shortage in f- nance on three distinct points. They are:
 1. Technicalities regarding collection of fees and failure to issue execution of judgments.
 2. Collection of money that was, not turned over to the court funds,
 3. Altering of duplicate receipts to show sums less than those actually paid, as shown on original receipts.
 Resignation Not Asked
 Brown will not be asked to resign his position until the charges against him are proved or disproyed, it was indicated in Judge Lea's statement. In 80rmal language he asserted his belief in Browns integrity, and declares that, in his opinion, Brown will pay any money that may be due the county.
 His complete statement follows:
 'Lucien W. Brown has been with me in my division of the court for eight years and during that time no complaint has ever come to me from any lawyer, litigant or any other per son entitled to receive money from Mir. Brown.
 q have known Mir. Brown all his life. If careful study which is being made of the auditors report should show that there is any sum of money due the county, there is nd question that it will be paid by MT. Brown and anyone who knows Bud Brown knows that this is true.
 From what I have seen thus far of the report, most of the questions raised by it are of a technical and legal na- ture and in some instances it might take a court decision to determine whether anything is due, and if so, to whom it is due.
 Relative to the 25-cent garnishment release fee, it has been discontinued in my division of the court, although l have learned since this matter came to light that it has been the universal custom for municipal court clerks for 20 or 9 years to retain this 25-cent charge"
 Brown denied that there is any short4 age in his accounts, declaring that the charges against him are of technical nature As an example of this he cited the charge relating to failure to issue executions of judgment within five days after q case has been closed.
 His complete statement follows:
 Browns Statement
 T have not made statement pre- vious to this time because my attorney, Fred Fite, has been out of the city. will say now, however, that there is no shortage in my accounts. Most of the charges against me are technical; for instance, the charge relating to failure to issue executions within five days after case is closed.
 Relative to the 25-cent garnishment release charge, it has been the custom for 9 years for the clerk issuing q re- lease to keep the fee of 25 cents. This custom has prevailed in both divisions of the court, and has been universally followed by all clerks connected with | the courts. However, it has been dis continued, and if it should be held that | the county is entitled to this fee, it | will be readily turned over to the coun- ty.
 '"The auditors have worked on my i books for eight months in securing this | information, and their report is very lengthy. Careful study is being made of 1t in detail, and a recheck of it with l my own books will be made to ascer- tain if anything is due the county. If | there is one cent due the county, am amply able to pay it, and will gladly and willingly pay it.