The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-08-07
CHI 9ailg Argus,
COUNTY COLLECTORS FEES,
Opinion Of the Acknowledgement Adverse to
tho Collectors Claim.

COUNTY COLLECTORS FEES,
Opinion Of the Attorney General Adverse t,
the Collectors Claim.
SPRINGFIELD, ILL.,, Aug. 3.-The Attor
ney- General has given an opinion which
will be of interest to county officers, es
pecially to County Treasurers, ex-oficic
Collectors. The following is the text;
STATE OF ILLINOIS. ATroRNEY-GENRALsI
OFFICE, SfRlNGFIELD, Aug. 3, 1874.
A.. sample, ESQ, Stdfts Ah0raeg, Ford County,
Paxton, ~:
DEAR SIR: Your communication Of
July "a was received, in which Won state
that the salary of the Treasurer of your
county was fixed by the Board of Sinner.
visors at $500 per annum, but was not
fixed as Collector, and that the Treasurer
claims and has retained his fees as Collcc-
tor in addition to the salary allowed him
as County Treasurer. You request nv
opinion as to whether this officer is emit
tied to his salary as Treasurer, and also to
the fees retained by him as County Collec-
tor.
Sec. IA of the Revenue law of 1872
provides that the Treasurer of counties not
under township organization shall be ex-
officio County Collectors of their respec.
tive counties. Laws of 1872, page 6 ,Sec.
IA. This statute was designed to carry
into effect Sec. 4 of Art. 9 of the Consti-
tuition, which made it the duty of the Gen.
eral Assembly to provide that a return of
unpaid x or assessment should be
made to some general officer of the county
having authority to receive State and county
taxes, and which prohibits the sale of real
estate for such taxes by any other general
officer.
The Sheriffs and Treasurers, in their
respective counties, are such general off.
GERS, who, by the Revenue act of 1872,
are authorized to receive State and county
taxes. The effect of this provision is to
impose additional duties upon these Off.
GERS In their respective counties and not 10
upon them an additional Office
Wood ct al. VS.. Cook, 81 Ill.,. 27l. Such
thecase, they can only receive for their
services the compensation fixed for them by
County Boards. In pursuance of Sec. 10.
Art. 10, Of the Constitution, all fees or al.
received by them, ia excess Of
their compensation, must be paid into the
Treasury, ibid. If the oppo-
construction should prevail, those pro
of the Constitution which limit the
compensation which may be paid to county
ulcers wonld be trittered away by the
mere device of allowing extra compensa.
ion for ex-officio services.
The County Board are not only required
o Tx the compensation of these officers,
also, to make them reasonable allow.
nee tor necessary clerk-hire. stationery,
uel, and other expenses. Constitution of
$40, Art. l0,Sec. 10. No hardship need,
therefore,, arise from treating this statute
IS conferring additional duties upon the
!ounty Treasurer, for, the greater his du-
les, the more liberal should be his allow.
nee for clerk hire, etc.
My conclusion, therefore. is that where
he County Board has fixed the compen.
alton Of the County Treasurer, in Der.
uance of Sec. 10, Art. 10, of the Consti-
ution, all fees received or retained by him
'ver and above such compensation must
,e paid into the County Treasury, and
hat 1T is immaterial whether such fees ac.
rue from duties performed as County
treasurer proper, or as ex-oficio County
collector. Similar views were expressed
] an opinion from this office, published in
he Chicago Legal News, page $50.
1 am very respectfully,
JAMES K. EDsALL, Attorney-G General.