The Monitor-register., 1897-07-09
The State Moves to Recover Fees.

Attorney General Grey, after consulta-
tion with Governor Griggs on Tuesday,
decided to institute suits on behalf of the
State against Henry G. 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 $50 900.
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 $50 900, and
that against the Duryee estate for about
$4,000.
The retention Of the fees in question by
Secretary of State Kelsey as one of the
subjects of the State House investigation
of two years ago. William II. Corbin.
the counsel for the Investigating commit
tee, at that time, expressed the opinion
that MIR. Kelsey had no right to the fees
which he retained, and this view was
sustained by the committee in it's report
to the Legislature. Mr.. Kelsey collected
and retained the fees for 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 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 Investigating Committee, that the
act of 1891, providing for the payment OF
the fees in dispute, should be construed
to the effect that the Secretary of State
was to charge and receive the fees for the
benefit of the State, and that the act did
not and was not intended to increase his
compensation as State official. The
matter in dispute was the subject of a
conference Tuesday between Attorney
General Grey and counsel for Mr.. Kelsey
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 legally retained OF
not.
The determination to bring suit against
the former Secretary of State is in line
with resolution introd uced in the AS.
sembly last spring by Assemblymen
Wildes, of Burlington. The resolution
recited the finding of the Investigating
Committee, and instructed the Attorney
General to bring suit. 1t 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 prosecution. The report
was adopted, and the matter was dropped
until the Governor and the Attorney
General decided 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, esta blish-
ing the office, vas allowed a salary of
$4,000. but subsequent laws provided for
the payment of fees to the Commissioner
by persons and corporations coming
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 the use of the State.