Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-08-13
LEGAL FEES

Nonsioeraoie discussion has been 90
ing on Of late over the legal fees thal
might be taxed by q Justice ia favor o.
police officer. As Justice vroomau 4
inst entering upon the discharge of hi
cusies az Police Magistrate, he does no
intend to make any bad breaks, anc
hence has addressed certain question,
to City Attorney Hanford, who, in reply
has given legal opinion which will b,
read with intsrest:
To b. II. Vroomdn, Esq, Polite yast;o
CITY Of Seattle
sIR-I have considered the question,
propoooded 70 me by you IN relation tc
Tees OF the Chief Of Police and other
oincers OF the city, taxable in cases eo.a
ing before your Court.
Ihe questions propounded are:
First. When and under what circum
stances Is the Chief of Police ea,i.led to
fees in the Police Court?
Second. When and under what cir.
cuInstances 10 any policeman other than
the Chief of Police entitled to fees IN
the Police Courtf
Ii Is my opinion that under the or.
dinances and laws of the Territory now
In force the Chief of Police and other
police officers of the city are placed up
on an equality as to fees taxable in their
favor in all cases; and that the Ohies
will not be entitled to any fees TO which
another officer would not be entitled un
der the same circumstances.
Ordinance No. $50 fixes the salary Of
the Chief of Police at one hundred and
fifty dollars per month, payable month
ly, and provides that he shall receive no
other or greater fees or compensation in
any instance.
Section IL of ordinance No. 246 fixes
the salary of each of tue police officers
at eighty dollars per month, payable
monthly. and provides that no other or
greater fee shall be allowed them in any
instance.
Section 3 of ordinance No. 397 pro
vides " That no police officer shall re-
ceiye, directly or indirectly. any money
or other property or thing of value, for
services Of any kiRd rendered by him
while a member of the police force of
the city of Seattle, except his regular
monthly Fay and such fees "a are allowed
by law, which may be actually paid in
money by parties adisdged 10 pay
In my opinion this section of ordin-
ance No. 397 Is not in conflict, but in
harmeny, and to be considered as In
part Blaterid with the other provisions
relating TO the compensation of police
officers; and it allows, IN addition to the
regular monthly pay, "such fees as are
allowed by law which may be actually
paid in money by parties adjudged to
pay costs"
Section 20 of the charter of the city
of Seattle, as amended in 1877, (See
Laws 1877, p. 252) plainly contemplates
that police officers of the city may make
arrests Of offenders against the general
laws of the Territory as well as violators
of city ordinances; and provides that
f" in all cases where arrests are made for
etfenses tried under the general laws of
the Territory before Justices of the
Peece or other Territorial courts, such
police officers shall be entitled to receive
the same fees az sheriffs or constables
for the same services"
This section, In my opinion, entities
police officers to fees for making arrests
and executing any process in criminal
OAnta uhuci tho koAoih hi t1Wo Va shc Ack y
ritory, the same as would be allowed TO
the sheriff or a constable for the same
service; but such fees are only taxable
in such cases as the sheriff or oonsta-
bic would be allowed To act; that is, in
cases actually prosecuted as Territorial
cases; aud fees are not taxable under
this section for executing process OF
performing any services in cases prose-
cuted under ordinances of the city.
The general laws of the Territory al
lowing fees TO witnesses, IN my opinion.
apply to city cases as well as others;
and, under section of ordinance No.
397, police officers when called as wit
nesses are entitled to witness fees in all
cases wherein parties adjudRed to pay
costs shall pay the same IN money; but
in no case will an officer be entitled to
have witness fees paid to him out Of the
city treasury.
In short, INV answer to the foregoing
questions is that the Chief and other
police officers are entitled to the same
fees for services performed by them 10
Territorial criminal cases as would be
given to the sheriff or constable for
the same services; and to witness fees
when css,s are paid in money by any
party other than the city, and TO no other
fees whatever in city cases.
G. II. HANFoRD,
Civ Attorney.
SEATTLE. Aug. Ii, 1884.