Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-01-19
IT'S DONE AT LAST
The County Board Submits the
Jail Rebuilding Question.
IT WON BY JUST ONE VOTE
The Board L. Now Considering Q Measure
Which Il Dead .Agin" the Fee
Retaining Practice.
JUST so:

The supervisors decided yesterday to
submit the question OF rebuilding the
jail 10 tbs people. II Was done by
majority OF one vote, every member
being present A resolution requiring
the clerk, register and treasurer to
turn IN all their fees to the county was
made the special order for today.
The county clerk asked for more
convenient vsul, and room in the base
gent. 10 was referred TO the commit
tee on buildings with power to act.
The committee on claims recon-
mended allowance of bills aggregatng
81 ,Oos-6s. Adopted :.
The superlntendents Of the poor and
committee on claims reported adversely
on . claim of Jackson comfy for sup
port of Francis Juan AT the Kalamazoo
asylum, on the ground that the Kent
county superintendents were not notl-
ned of the disposition of the case.
The committee on buildings advised
that private Office be built IN the reg
.ster of deeds office by placing q rail-
ing across the east end Of the main Of
nee, surmoln.ed by cut or stained glass
at an estimated cost OF SIS. Adopted.
The special committee on salaries re-
ported on the subject OF fees of the
register. treasurer and clerk. The
committee made 70 recommendation
whatever. simply handing IN new
opinion of the assistant prosecuting at
tcrney.
New Opinion on Fees
sIn reply to . request for an opinion
in the matter of certain fees of county
officers. We submit the following:
"Act No. $40 of the local acts of
Michigan, 1891. provides that the treas
urer. clerk and register Of deeds of
Kent county shall receive salaries, m
stead of fees, as heretofore provided.
Il further provides that said officers
! shall receive no compensation, other
than the salary, for the performance
OF any duties growing out of their
Office, etc. IL further provides that 1t
shall DO the duty of these officers to
collect all fees now provided by law
for the performance OF duties growing
out Of their said Offices.
s'Is il the duty of these officers TO
turn over to the county such fees as
may be received for making abstracts.
tar histories, performing notary public
work IN connection with the issuing of
marriage licenses. clerical work IN the
matter OF admitting persons to citizen
ship and the hke2
~ special &C. applying TO alb
stracts IN Kent county (act No.
ls5 OF the laws OF 1877 makes 10 the
duty of register OF deeds to prepare
abstracts and prescribes the fee there
for. These fees. therefore, fall within
the terms of the &C: OF 1891 and belong
to tee county.
We have discovered no law which
makes It the duty OF the treasurer 10
furnish tax histories, but II the board
furnishes the treasurer a clerk TO per-
form that work the fees Justly belong
~ the county. Perhaps Q contract
with the treasurer covering the subject
would be appropriate. The county
clerk has been IA tho habit of charging
% cents for swearing persons to the
statement for the purpose OF obtaining
. marriage hcenss IN addition TO the 90
cents provided by law. Whether per
SON desiring a marriage license should
not require the clerk TO swear him TO
the statement aud tender so cents in
Satisfaction for the whole service may
not be entirely certain, but that IS .
question purely between the applicant
fer q license and the clerk. The county
is only interested IN the legal fee pIo-
vlded by lsw, which is so cents for each
hcenss-
May Collect Notary.
If somebody in the clerks Office act
Ing as notary performs notary work
and receives pay for It il IS no concern
Of the county. As TO admitting persons
20 citizenship, the statutes require the
clerk TO collect srch fees as are pro-
vided by law. and while this question
may not % entirely free from doubt u
would seem that II the clerk performed
work which might be done by anv
notary or lawyer and receives fee for
is, theirs - no way OF either preventing
10 or obtaining the fee for Ia. county.
IL would involve . very large amount
OF labor 10 prepars a com pists list Of
fees, when IN some instances are pro-
vided IN obscure statutes. 1 have,
therefore. not Attempted 70 prepare q
List, but refer the BOARD TO the statute,
which points oct, in most Instances,
the fee.
A TO allowing the clerk 10 swear
Witnesses m court. the court can make
sucn arrangement for bsvirZ tee fees
pail o~fore judgmen. - vii, IN al
most al eases. secure the uliinste col
lection OF the fees We see no serious
objection 10 the Board relieving the
clerk from responsibslity for sgcn fees
a. nav possibly De lost and net col
lected. indeed collection 90 fees dur
Ing the trial - likely % cost the county
mere ia the waste % time tnan &