The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-07-07
Retained Fees Which q Legislative
Committee Declared should be Turn
ed Into the State Treasury-Similar
Suit Against q Dead Oficial's Estate.

Trenton. July T. Attorney General
Grey, after consultation with Governor
Griggs, yesterday decided to institute
suits on behalf Of the state against
! Henry c. Kelsey. former secretary Of
state. and against the estate of the late
George s. Duryee. formerly bank and
insurance commissioner These suits
are to be brought in the supreme court
to recover about $4,000 which these
officials collected in fees and retained
under their construction of the laws
providing for the fees The suit against
Kelsey is for about $4,000 and that
against the Duryee estate for about
$4,000.
The retention of the fees in question
by Secretary Kelsey was one of the
subjects of the state house investiga-
tion of two years ago. William H.
Corbin, the counsel for the investiga-
tion committee at that time, expressed
the opinion that Mr.. Kelsey had no
right to the fees which he retained, and
this view was sustained by the COM
mittee in its report to the Legislature.
Mr.. Kelsey collected and retained tho
fees fer his own use under the act Of
April Is, 1891, which defined certain
duties of the secretary of state, and
provided that for such duties he should
be entitled to charge and receive fees.
This act Mr.. Kelsey held to mean that
the fees belonged to him, and that the
act was amendatory Of the act of 1881,
giving him a salary of $4,000 in lieu
of all fees Mr.. Kelsey claimed at the
investigation that he was advised by
counsel to retain the fees.
The suit to be brought against him
will be based on the contention of the
senate investigation committee that
the act of 1891. providing for the pay
ment OF the fees in dispute. should be
construed to the effect that the secre-
tary of state was to charge and re-
-ceive the fees for the benefit Of the
state. and that the act did not and was
not intended to, increase his compen-
sation as a state official. The matter
in dispute was the subject of q con-
ference yesterday between Attorney
General Grey and counsel for Mr. Kel-
sey, and the result of the conference
was an agreement that suit should be
started to the end that the courts may
determine whether the fees were le-
gally retained or not.
The determination to bring suit
against the. former secretary of state
is in line with q resolution introduced
in the Assembly. last spring by Assem-
blyman Wildes, of Burlington. The
resolution recited the finding of the in
vestigation committee, and instructed
the attorney general to bring suit. II
was reported to a special committee,
which made an adverse report, saying
that it would be unfair at that late day
to single Mr. Kelsey out for prosecu-
tion. The report was adopted, and the
rnattcc dropped until the governor and
the attorney general decided yesterday
to bring suit.
The suit to be brought against the
estate of the late Bank and Insurance
Commissioner Duryee is exactly of the
same nature as that to be brought
against Mr. Kelsey.
The bank and insurance commission
er, under law passed in 1891 establish
ing the office, was allowed q salary OF
$4,000, but subsequent laws provided for
the payment Of fees to the commission
ers by persons and corporations COM
ing under the supervision of his office
and Mr.. Duryee construed these laws
as allowing the fees to him for his own
use and not for those of the state.