The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-03-27


! behalf of the county commissioners, fled
suit against County Clerk Carvin on that
fee business. The petition says:
1.-THE plaintiff states that it IS the duly
organized, qualified and acting board of
county commissioners of Sedgwick county.
Kan; that the said defendant, VI. A. Car
win. is now and has been since January IL,
1892. the duly elected, qualified and acting
county clerk of Sedgwick county, kan.
that the said defendant, NJ. A. Carvin, is
indebted to the plaintiff in the sum
of 81, 70l 90 for certain fees which
the defendant, NJ. a.. Carvin, has
collected as the county clerk of
Sedgwick county, Kansas, an itemized
statement of which said fees, including the
transfer fees, tax deeds and redemption
certificates and books of liquor affidavits,
duly i,emiZed, is hereby attached, marked
Exhibit A., and hereby made part
hereof; that said fees were received by said
NJ A. CarvIn as county clerk of Sedgwick
county between the dates of January IL,
1892, and January s, 1884; that said fees
are due and payable to the plaintiff and
now remain unpaid, except certain credits
and setotfs which the saio defendant now
has against the plaintiff, the exact amount
OF which is unknown to the plaintiff.
Aud the plaintiff further prays that
Soiu DC required TO snow the
amount OF fees which he has turned in
and which have been deducted from his
salary and clerk hire as provided by law.
ana other setoffs to which the defendant
is legally entitled
The plaintiff further states that the
SAID defendant is indebted TO the plaintiff
In the sum of S417 which was Illegally re-
ceiyed by the said defendant for making
assessment rolls, and the further sum of
sll4. 80 which was Illegally received by the
defendant for abstracts of election, and
the further sum of S54 which amount was
Illegally received by the defendant for
making a list of tax sales bought in by
Sedgwick coudty, Kansas, aud which
have not been redeemed or assigned.
The plaintiff further says that all of
said sums, except the legal setoffs and
counUer-claims which the defendant has
against the plaintiff, are now due and
owing from the defendant to the plaintiff.
Nv therefore,, the said plaintiff demands
Judgment against said defendant. ~ A.
Carvin for the sum of S5,3l979 less
whatever legal setoffs or counter-claims
The said defendant has against the said
plaintiff. Aud the said plaintiff further
prays the court 10 require the said de-
fendant to make an accounting aud set
up whatever counter-claims or setoffs he
may have against the plaintiff and to
show the amount of said fees which have
been turned in to the plaintiff aud de-
Quoted from the salary aud clerk hire of
the said defendant as County Clerk"
This suit is not so much a matter of in
terest to the people generally as il is to
the county clerks of the state and all of
them, OF the various political affiliations
are with Mr.. Carvin in il. There is no
animus in the suit whatever. Six weeks
ago Mr.. Carvin secured the passage of a
resolution, by the commissioners, author
izfr ha aff t.-I., 81,
suit in order that it might be definitely
settled whether the clerks are entitled To
fees, or not.
The claims set up are for the recovery
of transfer fees and tax deeds fees. In the
matter of transfer fees the clerks have
been receiving them for fifteen years and
a few years ago Attorney General Ives, in
his report, said:
"The fees received by the county clerks
for services rendered under chapter AS,
laws af 1879, being sections 1l43-1I46 gen
eral statutes of 1889, need not be reported
by him, as the clerk is entitled to those
fees in addition 10 his salary"
Iu reference to the collection of fees for
tax deeds the laws of 1889 says that in adj
dition to the fee for such deed the county
clerk shall be allowed the sum of five
cents for each lot or tract contained in SAID
deed.
Mr.. Carvin's attorneys are Hallowen &
Haliowell and Mr.. Vermillion, They,
with Mr. Boone, will go into the case
without prejudice and it seems to be the
desire of both sides TO examine the law
thoroughly and let the result be what it
will, for the case will probably 90 TO the
supreme court.
The fact Is Mr.. Carvin never charged
the fees he was entitled to charge, for he
is conscientious, and when a man came in
with 100 transfers, which was a very fire.
quent occurrence, Mr.. Caryin charged hin,
n moderate sum for doing the work: in
most cases one-half what the law allowed
him.
This and other deductions he made from
the legal fees allowed reduces the total
amount OF the fees which he would owe
the county, in case of an adverse decision,
to a very lew hundred dollars