The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1875-09-03
FRIDAY, sEPrEMBER ;. 1875.
a COMMON SENSE LAWYER.
He EuITRhtensC County CoHnnaIs-
alOmera md AlaOrAeYa.

We lately expressed the opinion
that county commissioners had no
right to cheat newspapers out OF the
fees allowed by law for public print
ing, on the ground that the money
thus stolen from the printers would
be put into the county treasury.
Most commissioners and county at
torneys throughout the State seem
to have approved OF this petty rob-
berry, but now that two district
courts have declared that printers
fees belong to the printers, 1t is
probable that the latter will be al
lowed to receive them. The same
also is true In regard to the fees al
lowed county clerks, treasurers, &c.
Commissioners this year have very
generally, by advice OF their attorn-
eys, we pIe resume, undertaken to beat
other county officers, as well IS
the newspapers, out of their le-
gal fees, but when the matter is test
ed in court we have no doubt that
the fees will be refunded to the off,
GERS to whom they belong. The To-
Peka writer lays the principle down
very clearly, as follows: Fret, in re-
gard to the fees allowed newspapers
for publishing the delinquent tax
list, he says that If the owner of the
land tenders, in addition to all other
unpaid taxes, the amount actually
paid for advertising, that that is all
that can be required OF him. He
then gOes on:
The main point in this 'printer's
fee" question is, whether the county
can legally collect larger sum for
advertising than 1t pays to the pub
lisherT and this question l under.
take TO answer in the negative. The
statute allows the publisher for adj
Vcrtising delinquent tax-lists twen-
ty-fiVe cents per tract for lands out
side OF cities, and ten cents for each
city lot. Whether the county COM
missioners can, un der the provision
which authori Zes them to let the
county printing to the lowest bid
der, compel any printer (eVen
though he so agree with them) to
advertise such tax lists for less than
the statutory fees, is questionable.
But concede that they have this
power and that they do contract to
pay the printer . cents each for city
1Ots, and 10 cents each for other
tracts, by what right or authority de
they undertake to levy o larger sum
on the lands for such advertising
II has been said, and may be said,
that they levy and collect the sta tu-
tory amount, and pay the excess in
to the county treasury, thus s0Ciug
to the people so much tdEGtiOn! But
that system of raising revenue" is
in direct violation of the constitu-
zion, as IL compels each tract Of land
so advertised to bear its Just pro-
portion OF taxes, according to its
assessed valuation" and q specific
TAG of five or fifteen cents in addi-
ton. II the county commissioners
will persist In cutting down the
printers, let the Taxpayers refuse to
pay more than the printers get and
ii they DO pay more, let the printers
insist that the money was collected
as and for advertising fees-that it's
collection for any other purpose is
illegal-and that they are entitled to
Il.
And this leads us to notice that
the acts passed last winter in rela-
tion to the fees of county treasurers
aud county clerks-chapters 90 and
So of Laws of 1875. Sections 4 and
b of each of said chapters are uncon-
stitutional and void. All moneys
collected by any officer as fees, Of
the amount so collected is prescrib-
ed by law for specific service or SER
vices,) belong to such offices, and
the legislature cannot compel him
To pay any part OF such fees into the
county treasury for the benefit of
the county. / have had occasion to
discuss this system of legislation
two or three times, and now wish
10 repeat what l said in the Com
monwealth of February "A, 1874:
"Our revenue system is based up
on the theory that property pays
the taxes. The rate OF assessment
and taxation shall BIS equal and uni
form, each mans property to be val
ued justly In proportion to every
other mans and the rate of per cent
of taxation on the dollars valuation
to be the same for the same purpOs-
es. Now, to collect large fund as
fees for the services Of officers, and
pay such fund into the treasury for
the use of the county, reduces the
amount necessary to be raised BY
taxation for county purposes. II
supplies the place OF taxes, and is
appropriated and used as taxes. But
who paid it? Not the whole people,
upon the assessed valuation of their
property, but the few individuals
who needed and obtained the serv-
ices of certain public officers; and
by this operation such persons are
taxed upon their necessities for such
relief as they require under the laws
to protect their rights and redress
their wrongs, and in addition there.
to they are taxed upon their prop.
erty the same as other persons.
"The system OF paying officers b.
fees is based on the theory that each
specific service is worth the fee DIES.
igpated by law, and if the true val
ne is liked, then, as often as that
service Is performed or repeated the
officer Is entitled to his compepsa.
tion (the fee) therefor and to com.
pei him to perform the labor or SER
vice one hundred times, for the frs
fifty of which you will allow him tC
collect pay and retain It, and for the
other fifty you compel him to work
for nothing, (besides collecting the
fec and paying it to the county, il
simply an outrage. If the business
. in or belonging to any officer re.
qulres the officer in one county tC
work q third more time, or double
the time required OF the incumben
OF the same Office in another county
he should be paid accordingly"
II is no doubt competent for tn,
legislature to provide q salary fol
any county officer, either In addi
ton to certain fees, or in lieu OF al
fees; but in such q case such salar,
must be paid from the general rev
enues" of the county, that Is, from
funds raised by and through the or
diuary and constitutional taxation
property, aud not the extraOrdinar,
and Illegal mode OF levying take
in the name of fees.
II seems that the A, T. & S.
has arranged with the Missouri Pa
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