The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1895-10-11
LEGAL WAR.

The Mercury in its last two issues
charges Mr.. Evans, register of deeds,
with taking illegal fees, and in sup
port of that statement cites the sta
tute and makes certain statements in
regard to it that at first sight seem
plausible and are calculated to mislead.
The section referred to is as follows:
For the first folio . ...S so p
For each additional folio io................ &c
Certificate of filing anc recording an
Each entry on index including descrip-
tlOh- h-.-...... --..-- I'd
For copy of eacn deed or other ipstru-
ment recorded, per folio. ......... -. 80. 10
For recording town pats of one hund-
req o. less ...--: u. w
Each additional 100 lots..... ..... 49,. 4. 90
EerllHcdte ana SEAL ..-. ..........- "a
Filing each paper required to be filed ...... .Oj
The editor of the Mercuy taking the
ordinary standard form of warranty
deed, the instrument most frequently
offerd for record, gives his construct
ion of what would be legal fee for
recording it, which is as follows:
Recording first folio. so 25
Three add. folios, lOcts. each ......... . so
Cert. of filing aud recording. g...............1O 10
Two entries on index 5cts each. ....... 10
Filling deed or instrument. ......... ....... .05
Numerical index. Observation-Disclosures. 10
Transfer fee to Co. Clerk .. 10
Total. ....... leo
The above with one exception is the
exact items charged By Mr.. Evans for
recording warranty deed. In place
of the item, Certificate of filing and
recording, 10cts.' Nh. Evans charges
for ''Certifcate and seal 25cts.n the
eighth item of fees laid down in the
statute above quoted. This is the
only difference between the fess admit
ted by the Mercury to be correct and
those charged by the Register of Deeds
and so far as the statutes are concern
ed they are iE accord, with that one
exception. the only question being as
to which construction is right.
You will find on the back of war
rantee deed, and most other instru-
ments that the law coEtemplates shall
be filed, the following certificate;
State of Kansas. =. ...C County, SIS.
This instrument was filed for record on
the -; d.y of 80. A. D., 49,, and recorded
Register of Deeds
The register is required to fill out
and sign this certificate before redeliv-
ering the deed to the party Offering il
for record. He must sign it with his
official signature which can only be
done by attaching thereto his official
seal. If he attaches bis seal. he is
clearly entitled to charge for 1t, and
the item of charge would manifestly
come under the eighth item of fees
laid down in the statute, that is Ger.
tihcate and seal. 25cts. No careful
lawyer or conveyancer will accept q
deed from register unless this
certificate IS made and authenticated
by the official seal of the recording Of
flcer. If the editor of the Mercura
were to receive deed from Mr.. Evans
and the certificate on the back of the
deed failed to show the seal of the
register of deeds he would immediat
ly return it for correction. and require
of him that the seal be affixed. The
section of the fees and salary act ap
piicable to the office of register is some
| what ambiguous and has never beer
construed by the Supreme Court G
this state. Tie editoior of the Nerc,t,r
cOnstrues it TO suit his own ends an,
dOgmatically asserts that he is righ
and that the construction of the stat
ute that has been the accepted one fo
twenty-seven years is entirely wrong
This law regulating fees was passe,
IN 1868, and all the registers the stat
over have charged substantially tn
same fees Mr.. Evans is now charging
The present incumbent is not now an
has not been charging more than hi
republican predecessors. He has sim
ply. followed in their footsteps an
taken, us We claim. only legal fee:
we readily concede that every tn
should stand OH its own bottom, an
that republican thievery should be II
excuse for populist fee-grabbing, bu