Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1893-08-31
DECIDES AGAINST ATTORNEYS.
Opinion of Court in Matter of Attorney
Fees In Delinquent Tax Gases.

Opinion of Court in Matter OF Attorneys
Fees In Delinquent Tax Gases.
This cause is submitted to the court for
decision upon an agreed statement of facts.
Several questions are submitted; but !
think the determination OF the last aues
ton will be decisive of all tine others,
and will therefore pass upon it alone.
The last question submitted is. care
the prosecuting attorneys entitled to the
counsel fees fixed by the court in the de-
linquent tax cases herein referred to? If
they ale not entitled to such fees, to
whom do these fees belong?"
The delinquent tax cases referred to in
the statement of facts are the cases
brought under the revenue law of 1891,
to foreclose the liens for all delinquent
taxes shown by the records of the county
up to and including the year 1890. The
revenue law of 1891 made it the duty of
the county attorneys to prosecute these
actions, and the defendants were the re-
spective county attorneys during the
prosecution Of the actions, and they have
retained the counsel fees allowed in those
cases, instead of paying them into the
county treasury claiming that they are
entitled to them under the law as COM
pensation for the extra labor imposed
upon them by that statute.
The statute of 1891 provided that when
judgment in these cases was rendered, a
reasonable counsel fee to be fixed by the
court should be included in the judgment
and the question now to be determined is
whether those fees are to be paid into the
county treasury OF retained by the prose-
cutting attorneys. l think it is clear
under our law that they must 60 into the
county treasury. Section 5, Article XII Of
the Constitution, provides that the legis-
lature shall make provision for the cleo
ton Of county officers, among whom are
prosecuting attorneys, and section of
the same Article provides that the legisla-
ture shall fix the compensation OF all
county officers by salary, and section
BOOB, volume Hills Code, provides that
the county officers shall receive their SAL
aries for the services required of them by
law, or by virtue of their Office, (Which
salary shall be full compensation for all
services OF every kind and description
rendered by the officers" &c. and section
1904 volume Hills Code (which was the
one in relation to the disposition of fees
collected by salaried officers in force at
the time these suits were prosecuted re-
quires such officers to pay all fees col
lected by them into the county treasury.
The cases cited by defendants to sup
port their position are either from states
which have different statutory provisions
in relation to the compensation of officers
or are cases where the extra services i'm
posed by law upon the officers which
were separate and distinct from the duties
of the office for which he received his
salary; but there is no question Of that
kind in this case. The duties for which
these fees are claimed are in direct line OF
the officers official duties, and the com
pensation therefor is the salary provided
by law.
Judgment may be entered in accord
ance with this opinion, directing the de-
PENDANTS to pay into the county treasury
all moneys retained by them as the coun-
sci fees in the delinquent tax cases prose-
cuted by them under the act Of 1891.
t MASON IRWIN, Judge.
Dated August 26, 1893.