The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-07
SMALL vERDIGT FOR WAGNER.
Judge Lewis Cuts His Bill From
100 toas4O.

Judge Lewis cuts MS Bill FROM
~, 4Op tols4O.
Exactly $3.50 is The amount Judge Lewis
yesterday awarded Sheriff John WAGNER on
his appeal from the action of the board of
county commissioners in disallowing claims
for fees aggregating $,459.45. The matter was
heard several weeks ago, and has been under
Amusement by the court.
Of the claims in question S1,1S8 was for
services in bringing offenders against the
statutes into the municipal court $l,S95 for
bringing in offenders against municipal ordi-
nances, 81, GAL for returning 2,941 personal tax
warrants unsolicited, and s., 441.55 for service
of processes returned mot found The bal
ance of the claims were for miscellaneous
services.
In sustaining the county board. Judge Lewis
says:
I Constituting the word sexaminatien''zaes as
used in the statute, to mean preliminary
hearing, we find provision in the statutes
allowing the sheriff fees for taking prisoners
into any court for fnap trial, and, therefore,
hold the charges made by him for taking
prisoners into the municipal court for trial,
whether for offenses against the state laws
or for offenses under city ordinances are
not authorized by law, and must be disal-
lowed. 81 2E5 ,3es.-3 #
The wording of thefda@ is that the sheriff
is to be allowed compensation for collect
ing" delinquent tax warrants. Fees are not
allowed for an unsuccessful attempt to col
lect. There is no provision in the statute al
lowing the sheriff fees for the return of war
rants uncollected, and lit seems plain that it
was not the intention of the legislature to
offer the sheriff premium for neglecting to
perform his duty by allowing him fees to be
paid by the county on warrants which me
failed to collect. The charges for returning
tax warrants uncollected are, therefore, dis
allowed.
The plaintiff also seeks to recover Of the
county 81 each for every subpoena returned
mot found. If the law is to be construed
allowing this fee, then the sheriff is entitled
to receive only 80 cents for serving a sub
poena and 81 for returning a subpoena mot
found In other words, premium would be
paid for neglect and failure on the part of the
sheriff to perform his duty. Such, I believe
was not the intention of the legislature and
this construction Is emphasized by the fact
that the statute in but two instances author
and those cases are summons and notice Of
sale in foreclosure proceedings, and, in my
opinion, tax citation does not come within
the meaning of the word, Summons as here
used
The remaining items in this schedule fairly
come within this rule. The statute, save as
modified by the above exceptions does not
authorize charges for unsuccessful attempts
to serve writs or process and, in the alb
sence of some law allowing charges therefor
such charges must be disallowed
The charge for taking two prisoners to- the
state training school lis allowed.
1t not appearing That's a writ charged for
was ever served the9 charge is disallowed
The charge for making copies of subpoenas
is disallowed, it not APPEARING that the sub
poenaS were ever served
The statute allows the sheriff to charge ONLY
for copies of papers served.
The charge for takingsa prisoner to the St
Cloud reformatory is disallowed. as the same
Is charge against the State and not against
the county. Oli
The claims OF the sheriff against the board
of county commissioners of Ramsey county
are disallowed in the sum of s742Ol5 and are
allowed only to the extent of S39. go