The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-09-30
CARvIN'S CIRCULAR.

CARvIN'S CIRCULAR.
The following circular letter Will be sent
By County Clerk Carvin today to all the
county clerks in the state. with copy of
the proposition made By Mr.. Carvln to the
board Of county commissioners o. this
county relative to the fees which the at
torney general says must be turned into
the Offices of the treausurers of the various
counties:
DEAR SIR herewith hand you copy
of a proposition which l have submitted
TO the board of county commissioners or
Sedgwick county and which they have ac-
cepted, TO the end that the questions
named in said proposition may be speedily
and justly settled by the highest court i'll
the state, aud l beg leave to explain my
reason for SO doing without consulting
with the executive committee OF the Coun-
ty Clerks association.
1t was quite apparent that the decision,
on the subject of county clerks fees named
IN said proposition, recently given by the
attorney general OF the state, might, COM
ing as it does at this particular time, have
some unfair political effect in the coming
campaign, and l was reliably informed
that about the time this decision was
made propositions had been made to the
county commissioners of certain counties.
by certain individuals. which proposition
III some instances had been accepted, TO
make AN examination of the records in the
county clerks offices to ascertain the
amount of such fees collected by the county
clerks, in consideration that the county
commissioners Of suchcountieS would bring
suit for the collection of such fees and TX
successful. give the parties making the
examination large per cent OF the ices.
As We claim that we are entitled to the
fees under the law as construed by the
predecessors OF the present attorney gen
eral, and if we are not entitled to the fees
hen the counties are entitled to them, ana
that too without any expense whatever or
collecting the same, and without being
required TO divide the same with specula-
tors, | deemed this the most advisable
course to pursue in order that there might
be fair, amicable and speedy adjustment
of The matter. Had no steps been taken
by me or any one else to bring about Il
speedy determination of our rights and
the rights Of the counties in this matter,
it probably would have been used In a
manner against such OF us as are now can
didateS for reelection in the present cam
paign, regardless of our politics. further
deemed il advisable that tie question be
settled at as early a date as possible, to the
eud that if the fees belong TO the counties
and not so rs they can be refunded while
we are still in Office, or soon thereafter,
and thereby relieve our bondsmen from
anxiety In relation thereto. Should the
settlement OF the question be delayed for
some two or three years, and 1t should
then be decided that the counties are ell
titled to these fees, some of us might not
be able to refund said fees, and some
may have died or removed from the state
Of Kansas, and trouble would result to
our bondsmen. AS am sure that every
county clerk III the state Is Interested In
the protection OF the interests of his
country, and in protecting his bondsmen,
and III having his own rights aelned by
| the court, felt it my duty to submit the
proposition above referred to. to the board
of county commissioners i'll my county.
ami carry out the proposition speedily and
in good faith.
Hoping that the arrangement will be
entirely satisfactory to you, l remain
yours very truly, NJ. y. CAEVIN,
President of County Clerks Assn.
Attorney General Little's opinion is caus-
ing quite good deal of interest among
county clerks and they are naturally pick
ing everything that sustains their position.
The latest is an opinion Of Attorney Gener.
al Davis delivered in 1877 in which he says
in answer to an inquiry:
"You ask whether or not the new law in
regard to transfers cOntemplates that the
clerks snail account iOr lees TcCtiVcu lOI
such, the same as fees received for services
specified in chapter 95, laws of 1875? To
which have to say, that chapter 96. laws
of 1875, regulating the salaries of county
clerks, had for its basis OF compensation all
the services by law then required to be per-
formed The act approved March 1877,
amending and repeating section OF said
chapter 96, act of 1875. simply changes the
terms at which the county clerk shall re-
port the fees charged and collected under
PROVISIONS of said chapter 80. act of 1919,
and think can have no relation TO the act
approved March s. 1877, being an act IN re-
lation 10 the transfers OF real estate in the
nrme of the owner and the fees author
,sed Hereunder. This act imposes upon
the county clerks new duties and such as
were certainly not contemplated by the
authors of said act of 1873. Under chap
ter 90. act of 1875, the county clerk shall
charge and collect for the use OF the coun-
ty' certain fees La the recent act relating
to transfers, the authors say that the
county clerk shall receive certain fees,
and they give no direction as to rheir dis
position. Hence, in the absence OF any
direction to the disposition or the lees
for transfers, | think the legislature not
only intended that the county clerk shall
receive the fees but that he may retain
them. II this be the law, and / think it if,
these fees do not go into the county fund,
and are not to be deducted from the
salaries OF the county clerks"