The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1893-01-19
FAR PLAY" mas HIS FLING.
He Sees Room for improvements I'm
the Conduct of the office OF
the County Auditor.
NoRru YAKIMA. Wash. Jan. IA.

| NohTu ANNA, w ASH, Jan. II.
EDITOR HERALD Your comments on
the conduct OF Auditor Ellis in your last
issue bring to mind few OF the faults
which have noticed in that genteman's
administration Of the office, which to
him, is the most important in the state
The first to strike anyone is his desper-
ate efforts to make the receipts Of the
Office as large as possible by exacting out
rageous fees. The statute fixes the fees
for recording as follows: For filing
each deed or instrument OF writing for
record: for record, 10 cents; for record
ing deed, per folio, % cents" [See sec.
30l7, vol. l, Hills Code.l ITO record"
an instrument requires that it he trans
cribed on the record OF deeds or other
record and indexed in direct and re-
verse indexes" In an ordinary deed the
indexing will amount to about 60 words
which, when added TO the blank form OF
a warranty deed, amounts to $40 words.
To this should be added from so to 100
words, the amount generally filed in,
making deed. Hills Code, vol. I, sec.
1922, defines folio to be 100 words or
where there is an excess OF more than %
words it shall be counted as one folio.
II will thus be seen that the fee for re-
cording warranty deed should in no
case exceed 90 cents, but instead of this
the auditor requests and generally gets
Sl.25 for recording such an instrument.
II is decidedly disagreeable to run any
Office that is created for tho public's con-
venence on principles known only to
Solomon Isaac" But OF course Mr..
Ellis has reason for this and ii is in
reference to that reason desire to write.
In a few words it is this he does not
want his office to show deficit at the
end OF the year. In last weeks county
papers there was an item that gives a
clew to the entire transaction. Mr.. Ellis
is allowed three deputies. II the present
board of county commissioners would use
little common sense instead of showing
themselves off by talking about "the
OSdidt 81 10 W DC " W iipit
away, they might find out few things
about their powers and duties.
1t is we'll known that the constitutional
convention desired to get rid of the fee
system, as it is usually a means of OBJ
tanning very large salaries. I happen to
know something about the profits that
attach to such Offices and believe that
great deal of the large profits come in
from applying strictly business and not
political" principles in running them.
But there is one thing Mr.. Ellis has evil
IDENTIFY overlooked in his endeavor to OBJ
tain an imposing number of deputies
that is our constitution.
In order to ascertain the meaning OF
such q provision as ours contains in ref
ercnce to salaries we, of course, go to
states having similar provisions. We
find this in California; It's constitution
provides, article IL, section 3. 'the leg
islature by general and uniform laws shall
regulate the compensation of all such
officers in proportion to duties, and for
this purpose may classify the counties by
population" and section 8, "the compen-
sation OF any county, city, town or mum
icipai officer shall not be increased after
his election or during his term OF office"
The supreme court, of California has
decided three cases lately, Dougherty vs..
Austin, % Pacific Reporter, 834. Same
title, 20 Pacific Reporter, 1902 and Burr
Va. Johnson, 20 Pacific Reporter, 100.
In these cases they have announced the
doctrine, first, that under the above
clauses in the constitution the county
commissioners can not allow deputies, MS
it is an increase in salary coming within
the prohibition OF the constitution.
q 1t is also delegation OF power that
is not warranted by constitutional princi-
Piles.
3. That the law can not be general
and uniform" and is therefore void.
For these reasons it held the act en-
abling the county commissioners to APP
point deputies void. Let us see what
our constitution provides on the same
subject;
Article IL, section 5. 1.-The legislature
by general and uniform laws shall
1t shall regulate the compensation OF
such officers in proportion to their duties,
and for that purpose may classify coun-
ties by population" Section g. "The
salary OF any county, city, town or mum
icipal officer shall not be increased or
diminished after his election or during
term of Office" etc. Can any one doubt
how our courts ought to hold on this
question? II Mr.. Ellis does not keep
himself more closely within reasonable
| limits he will be in worse predciment
| than when the Honorable Sol. Smith got
after him, as there are many taxpayers
who believe the auditors Office ought to
be run for 81 900 year, rather than
1890 and perhaps, too. the people Of
Zillah will conclude that the financial
condition OF the county would be more
favorable II so many thousands did not
go to deputies annually, and that they
might soon be in as good condition as
our fourteen friends at Simcoe.
think Mr.. Ellis should at least think
twice before giving further advice to the
commissioners or other officers.
FAIR Play.