The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-09-05
DIE VERY HARD.
Another Effort to Hold Up the
County is FOiled.

When the September term of the dis
trict court convened this morning
Judge Hazen handed down his de-
cision in the suit brought by Probate
Judge Dolman against the county for
$75S.73 which he claimed was due him
from the county and which the county
commissioners refused TO allow.
Under the law of 1887 the probate
judge was allowed a salary of SIS per
year for every 1000 population in the
county for the work put upon him by
the prohibitory law in the way of
granting permits to druggists and
keeping track of them. In 1897 the
legislature changed the office of pro-
bate judge to a fee Office, repeating the
other law with this proviso: In addi-
ton to the fees herein provided, the
probate judge shall be entitled to re-
ceive such fees as are or may be pro-
vided by law for such services under
the prohibitory liquor law"
Under this provision Judge Dolman
claimed that he was entitled to SIS per
year for each 1000 population in addi
ton to his other fees. In rendering his
opinion, after reviewing the legislation
on the subject, Judge Hazen said:
Prior to 1887, with reference to ser
vices to be performed by the probate
judge under the prohibitory liquor law,
he was a fee officer. The law authorized
MN TO C6arSe certain ices IOr services
rendered, and the fees thus charged
and collected were retained by him. In
1887 the legislature charged and as be-
tween the county and the probate
judge, made the Office Salaried office
under the prohibitOry liquor law. He
still charged fees for services rendered,
but the fees collected were turned into
the county and the county paid him
a salary of SIS annually for each one
thousand population in the county for
whatever services he performed under
that law So far as the probate judge
was concerned, the office was changed
from a fee office to a saIaried office.
The legislature in 1897, by section II
of chapter 131, made the office fee
office, and provided that the probate
judge shall receive certain fees for ser
vices rendered under this law; and also
provided that the probate judge was
entitled to all fees collected under this
law In effect this changed it from a
salary to a fee office.
BY the law of 1897 it is expressly
provided that the probate judge shall
receive the fees earned under the pro-
hibitory law, and it would seem clear
that it was not the intention of the leg
islature that the probate judge should
receive the fees charged under this law
for services rendered by him and at the
same time the county be required to
pay him salary for performing the
same services.
IF the contention of plaintiff is sus-
tained he is entitled to receive all the
fees collected under this law and the
county would be required to pay him a
salary of SIS for each thousand inhab-
itants in the county for performing the
same services for which he has already
been paid in fees.
1t is common knowledge that the
purpose of the Legislature in passing
the general fee and salary bill in 1897
was to reduce the fees and salaries of
public officers, and yet to hold as con
tended by plaintiff would be to increase
the salary of the probate judge and al
low him double compensat tion for SER
vices rendered
of the laws of 1887 which provides for
a salary to be paid to the probate Judge
for services rendered under the pro-
hibitory law is in conflict with section
u of chapter 131 of the laws of 1897
which allows the probate Judge the fees
earned under the prohibitory liquor
law, and is therefore repealed.
The law under which plaintiffs
claim is based being repealed the plain
tiff is not entitled to recover and judg-
ment will be rendered for defendant
for costs"
This decision by Judge Hazen is a
knockout blow on fee grabbers who are
not content to accept the salaries and
ices Which the legislature has said they
shall have, but who try to take advan-
tage of technicalities to secure double
pay. 1t is said that in a number of
counties the commissioners have been
"bluffed" into paying the probate Judge
double salary, but it will not work
any more in the light of Judge Hazen's
decision, unless the supreme court
should reverse him, which is not prob
a