The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-12-22
IN TRUE LIGHT.
Facts Concerning the Matter Of Judge Reeds
Decision With Reference TO Fees.

yesterday among the political opponent
of Mr.. Carvin. They did nothing but
pour it into every ear having been at
attentive. A representative of the Ea-
gle got such a dose of it that he con-
cluded to get at the facts.
From time immemorial county clerks
have been receiving fees in connection
with their Offices. At periods the legal
ity OF this fee was questioned ana
each time ii was settled in favor OF
the county clerks by five attorney gen
erals, among the last Of whom was the
Oemo-Pop Attorney General Ives.
Later the supreme court was called
upon to decide in a remote issue and
their decision was held to be unfavor-
able to the county clerks
The matter was brought up in po-
litical issue in this county and County
Clerk Carvin was the first man to pro-
pose that a suit be Instituted against
him TO determine the case. He even
intimated that he would pay the costs
Of a suit in order to find out the real
interpreta ton of the law. This was &C
cepted as very fair by the county at
torney and both the attorney for the
state and for the defense agreed to
plain statement of the facts in the
case These facts were presented 70
Judge Reed who entered judgment for
slO5. The sum sued for was much lar
ger.
The following seems to be plain
statement of the case which ought to
be easily understood. 1t was furnish
ed by a prominent attorney who knows
the facts and the law:
"Carvin owed the sum Of s2,02l. 40
transfer fee. Willard, Davis, Kellogg,
Bradford and Ives, attorney generals,
had given their opinion to numerous
county attorneys that the clerks We're
entitled to retain these fees, and it has
been customary for the county clerks
TO make large reductions for transferr-
ing large deeds, and Mr.. Carvtn ciaimes
that he has not received one-half of
the amount that is claimed. as he sup
posed he was entitled to the fee ana
only collected a portion, as such men
as Major Powell Henry Schweiter, o.
B. Clark, John Davidson and many
others who have done business with
him can testify
1.-The amount Of s1,21s claimed for ex-
ecuting tax deeds was acknowledged
by Mr.. Carvin as belonging to the
county excepting % cents for acknowl-
edgement which he has paid out. The
amount of S471.40 for the lots contain
ed intaX deeds was hot collected, but
partially, as in making large deeds a
reduction was made in nearly every
case, and as he had been advised by
the county attorney and every other at
torney whose opinion had been asked
for that he was entitled to retain this
feeunder an act of the legislature of
1889, he had done with these fees as
with the transfer fees.
THE amount of S747.25 for redemp-
ton certificates was acknowledged by
him as belonging to the county and
this amount together with the tax
deed fees, amounting to a total of ST.
660.75, was paid by him to the county
treasurer by having the amount col
lected each quarter deducted from his
salery and clerk hire, and there re-
manned due him on the last quarter 5
salary of his first term s6925. The
statutes provide that the county clerks
shall be paid out of the county treasury
the sum of 10 cents per folio for alb
stract of election. and so cents for GER
tificates to Office with seal attached.
all clerks had heretofore received this
fee and Carvin was paid the sum of
s174.50."
This, Judge Reed decided, under a
recent decision of the supreme court
he was not entitled to and rendered
judgment for the amount of $174.50 less
500 %, the amount due him on last
quarters salary of 1893, leaving the
amount of s105.25 due the county on his
term ending Jan. s, 1894, making a
total of about 81 ,S35 paid into the coun-
Office.
The supreme court in the early part
OF 1894 held that the county clerks We're
not entitled to retain any of the fees
collected by him but that the same
should be deducted from the salary
each quarter. This decision was
surprise not only tothe county clerks
and boards of county commissioners
of the state but also TO the legal pro-
fession.
Carvin does not claim that he is en-
titled to these fees since this decision,
but that it is his duty to report them to
the county commissioners each quarter
and have them deducted from his
salary, but that there had been no
higher authority to work under prior
10 this decision than the opinion of the
attorney generals and the county at
torneyS, and a precedent of sixteen
years, during which time the legisla-
ture has met many times without cor
recting whatever defect there may have
been in the laws and with the full
knowledge that the fees were returned
excepting in certain counties special
acts We're passed fixing the salary OF
the county clerk and requiring him to
turn all fees collected by him over to
the county treasurer.
Carvin went TO Topeka during the
session when Mr.. Ruble and Mr.. Hurst
were representatives and requested
them to pass an act fixing the salaries
of county officers of the county and re-
curing all fees To be turned into the
county treasury, and was consulted by
Mr.. Rubie as to the salaries of county
clerk and treasurer and the amount
named by Carvin was less than Mr..
Ruble had put in the bill he had pre-
pared.
Possibly some of the Populist office
holders can tell why this county has
not had such an act passed
The facts involved in the case of the
board of county commissioners against
Mr. Carvin recently tried were not dis
puted by any one and the case there
fore turned upon purely legal questions.
1t has been the desire of Mr.. Carvni
TO bring the case to a trial at as ear
" date as possible, but as the time
OF the court has been taken up with the
trials of jury cases. the court would not
hear matters of this kind until after
the jury was discharged which was on
the 18th inst.
The facts out of which this case
grew were frequently talked over by
the parties interested and their attor-
neys, and no difference of opinion haV-
ing arisen as TO what the facts were, a
brief statement of them was reduced TO
writing in order TO facilitate the trial
OF the case and on the statement OF
facts. extended legal arguments were
made 10 the court by the attorneys or
the respective parties al the time pre-
Viously fixed by Judge Reed for the
hearing OF the case
WILL WATCH FOR THEN.
. neS.-.-. Co,pralieS IN Eu,nlox ,