The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-08-08
COUNTY CLERKS FEES.
Attorney FlOurnOy Thinks They
Are City Funds.

Some time ago small stir was made in
the County Clerks Office by the discovery
that he had been retaining fees paid him for
clerical work done in his office. The dis
coyery was made by the expert of the
Finance Committee of the Board of Super
visors. reported TO that committee aud an
investigation set on foot. COUNT Clerk
Davies declared such had always been the
custom, and that the law sanctioned it, aud
that no provisions of the law required him
to turn the money into the treasury.
Mayor Pond at once took the matter in
hand, and as regards the law on the subject,
placed the facts before the City ana County
Attorney in the following communications,
asking for his opinion:
First-What fee under existing laws mus, the
County Clerk charge for comparing Copies 81
documents with the orlginals-mOre particularly
In the ease OF transcripts on appeal 10 the on-
preme Court?
Clerk Into the City aud County Treasury?
Third-In The event OF the County Clerk get
ting the work OF COPYING or sompaLi . qo .
city or by his deputies or copyists after oiuce
hours, has lie The right 10 pay Tor the same or
must the money be paid into The treasuTy-tile
documents SO compared bearing his certificate
and seal?
Finance Committee In which it Is stated that
large amount Is due the city from the Probate
Department OF the County Clerks office for re-
cOr0llI ORDERS OF court, etc., tile STATUTES Nl
1866 stale that, =" In any estate IN The ad-
ministration of which the orders aud papers 20
be recorded exceed thirty folios the Couety
Clerk shall collect 20 cents Tor each subsequent
i wish to ask: Is the County Clerk responsi-
BILE for these fees? Can he be called upon 10 pay
into the treasury The 20 cents payable for eaeh
folio recorded during his term ana mol aceoui1es
foT?
Also. in the matter of cases in Insolvency. can
the County CLERK retain for his own use the 10
CENTS for each COPY OF order declaring petitioner
.insuvent. elc.) served on creditors. allowed Ia
the Insolvency Act OF 1850, Section =?
Yesterday City and County Attorney
Flournoy made the following reply to the
Mayors letters:
l state that no fee Is allowed to the County
Clerk by any statute for Comparing copies with
the originals; but for copies OF papers required
OIL appeal the Clerk Is allowed 10 cents Tor each
100 words. The papers which constitute
MISUNDERSTANDING prepared by The Clerk or by
the ltisaut-must be verified by the Clerks Ger
iihcate, aud IN either case The laws treat Tue
work as having been performed by tue CLERK
and allow that fee.
For the ceriiic lie 10 each transcript the Clerk
Is allowed 81. To your second question L
answer: All fees collected by tue County Clerk
OF San Francisco County IN DIS several ohciai
capacities shall be paid into the treasury oil said
city and county. ,.,
ting Of official work done by persons not In the
employ of line city does not change the official
character of such work, nor does It's being done
BY the copysi or clerks alter Ofhclal hours AFFECT
fixed by law and must be paid into the treas
ury.
The questions contained In your communica-
tipn OF the 9th OF the same month are Substau-
tally answered by the foregoing
Just what will become of this matter
County Clerk Davies is not prepared to say
at present. Mr.. Davies has only followed
the custom of his predecessors, and firmly
holds that he is right. 1t is intimated that
the word "fees Is improperly used in con-
nection with these moneys collected by the
County Clerks; that they are not fees but
expenses, and the law quoted does not
touch them. However, this is only gossip.
Mr.. Flournoy does not imagine for an in
slant that any particular County Clerk can
regard his answer TO Mayor Ponds COM
munications as being personal He has
only given the law on the subject, and re-
fers to no one in particular. In his opinion,
all who have violated that law are beh0lden
to the city, il not protected by the statute OF
limitations,