FEES AND SALARIES.
Mr. VOYLES moved to dispense with the Constitutional rule that his bill [S. 173] supplemental to the fee and salary act, may be passed through two readings and to the final vote. He explained it would prevent, constructive fees-officers violating its provisions may be removed on application of any taxpayers. The charging of any constructive or excessive fee by a County or Township official is made a cause of civil action on the part of the person insured, who may recover damages, in addition to the amount overcharged, of not less than $10 nor more than $30.
The motion was agreed to-yeas, 36: nay, 4-and accordingly the bill was read the second time by title only.
Mr. GRAHAM moved to amend the bill by appropriately inserting the words; "Knowingly tax, receive or demand any fee to which he is not entitled by the law now in force," and substituting for "taxpayer" the words, "freeholder feud resident."
Mr. MAGEE favored the first eight sections of the bill, but objected to giving the right to every taxpayer to have an officer removed-the 9th Section should be amended as Section 8 provides sufficient penalties.
Mr SPANN moved to strike out Section 9.
Mr. GRAHAM opposed this motion. It seems certain no legislation will be had on the fee and salary question this session that will amount to much. The trouble has been the abuse of the fee and salary law. In some Counties officers are receiving three and four times as much as the law allows. Section 8 does not impose a sufficient penalty. This leaves the fee bill as it is but says if officers tax any more than they may be removed from office. If this amendment and this bill prevail, it will be sure to stop this evil so much complained of all over the State. He referred to the Clerk of a comparatively small County, who is receiving and demanding amount $15,000 a year. Under the present law these officers can demand almost any fee they choose to tax. He desired to do all he could to prevent these abuses and hoped there was virtue enough in the Senate to restrain the ravages of County officers upon the people of this State.
Mr. VOYLES referred to the fact that Section 8 provides for a civil remedy, and if it be the will of the Senate to strike out Section 9 still the bill will go a long way in advance. If that Section is retained it probably should be amended.
Mr. SAYRE regarded Section 9 as of not very great importance. If it be said this bill is accumulating penalties it is nothing more than what public officers have done by accumulating fees. Section 8 will be sufficient to restrain the taxation and collection of illegal fees. He favored the retention of Section 9, though the remainder of the bill will be productive of as much good as any law which has received the attention of the Senate this session.
The motion to strike out Section 9 was agreed to by yeas, 83; nays, 11.
The bill was considered engrossed, read the third lime and passed by yeas, 45; nays, 0.
Mr. GRAHAM regarding it as a piece of useless yet harmless legislation.
