The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-09-29
COUNTY CLERK FEES.
NJ. A. Carvin Makes a Proposition 10 the
County c INN issioners.

The decision of Attorney General Little
| that the fees paid to the county clerks of
the state should be turned into the county
treasury has caused more or less of a SEN
sation among the county clerks, and since
the publication of the document ii. A.
Carvin, clerk of this county and president
Of the County Clerks association OF the
state, has received scores of letters on the
subject. He conceived the idea Of making
a fair test of the validity of the attorney
generals opinion, and with that end in
view submitted the following proposition
! to the board Of county commissioners yes
! terday:
COUNTY CLERKS OFFICE, WICHITA,
Kansas. September 9th, 1888
To the Honorable Board of County Commissioners
OF Sedswick County. Kansas
Whereas, j. T. Little, the present att Or
ney general of the state of Kansas, has
recently given it as his opinion that the
| fees OF the county clerks of this state are
| the properly of the counties aud That al!
| fees collected by the county clerks should
| be turned into the county treasury ana
| accounted for by the county clerks; ana
Whereas The immediate predecessor.
| Attorney General Ives, gave it as his opln-
| ioa that the county clerks were entitled to
of the state have given 1t as their opinion
that they were entitled to the fees; and
Whereas, The courts of this State have
never rendered Il decision upon the gues-
ton as to whether the clerks are entitled
TO said fees. anu 1t can in no other way he
sottled, beg leave to submit the following
proposition, to-wlt:
| That it be agreed between me and the
board OF county commissioners Of Sedg-
wick county, Kansas, that II. w. Stewart,
| assistant county clerk, (who is OF opposite
| politics TO mel In connection with me,
commence Immediately or as soon AS
| practicable a thorough examination of the
| books in my Office and such other books
aud records as Is necessary and carry on
| such examination until the full amount
| OF such fees collected aud retained by ME
during my term of Office shall have been
ascertainsd and a statement thereof shall
| be made showing each item of fees sep
arately so collected and retained by me,
and The disposition of the same shall be
| set forth fully and separately SO that
| decision can be rendered by the courts
which will fully settle the question as to
the right of the county clerks to collect
! and retain such fees. Ithen agree that n
case may be made and submitted to either
| the district court OF Sedgwick county.
Kansas or the supreme court Of the state or
Kansas upon AL agreed statement OF facts.
at once Institute a salt against me III any
competent jurisdiction TO recover SAID
/ tees, and / will Immediately appear III
said action and waive service OF summons
| and will plead to the petition in said
action and will consent aud insist that the
| court take said action up i'm mediately and
hear the same, and ii it shall be finally
| decided by the supreme court of the state
of Kansas, that am not entitled TO SAID
fees, | will Immediately psy the tull
amount of said fees SO collected aud re-
| tanned by me, or such portion as the said
court may direct To the county treasurer
| of Sedgwick county, Kansas, aud all costs
III said action, and l will immediately
after the amount Of SAID ices is ascer-
tained in said examination, deposit with
such person as the court in which said case
shall be instituted, Shall designate, a good
and sufficient bond for double the amount
of said fees, to DC approved by sach
court, said bonds to remain IN the
hands of such person until the
question as to my right to collect and re-
tain said fees shall have been fully deter
mined and passed upon by the supreme
court of the state OF Kansas, that the
examination of the records IN my Office,
for the purpose of ascertainiIg he amount
OF said fees so collected and retained by
ne during the term of my OtIlce shall be
made without extra expense 70 OtdgWich
county.
/ further state that if the board OF
county commissioners do not desire said
examination to be made by the said III. W.
Stewart, assistant county clerk. they may
if they see proper, designate some other
competent person to assist in making SAID
examination. In case, however, the board
direct the said examination to be made by
some other person than the said Stewart.
assistant county clerk, who il already IN
the employ Of the county, the county shall
pay such other person for his services
NJ. A. CARVIN,
County Clerk.
The mmissioners read the above propo-
sition carefully aud III the afternoon they
Informed Mr.. Carvr that they would &C
cept it, and ordered the acceptance To be
inserted in the minutes of the days pro-
ceedings.
Mr. Carvin's proposition, the commits
sioners' acceptance and the proceedings
that will follow cannot fail to be of great
interest to the county clerks and county
commissioners of the state.