The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-27
Kansas Registers of Deeds Have
Been Overcharging.
Attorney General Calls a Halt
in Official Opinion.
ENTITLED TO 25 CENTS
That Is Fee Allowed For Filing
Chattel Mortgages.
Other Items Must Also Be
Scaled Down.

B. H. Tracy. assistant attorney gem
eral, in an official opinion to the county
attorney of Mcpherson county, F. o.
Johnson, holds that for filing and en-
tering and releasing a chattel mortgage
the register of deeds is entitled to fee
of 25 cents and no more.
1t is also held in the same opinion
that for entering any instrument upon
the general index, both direct and in
direct, the register is entitled to a fee OF
No fee system in Kansas has been
subjected to more general abuse than
this. Registers in some of the counties
of the state have charged Clients from
so cents to 81 for this work which the
attorney general holds should be done
for % cents. This particular feature
of the law has been responsible for moro
| gouging" on the part of officials than
any similar provision of the state law
| Complaint after complaint has been
| made concerning this matter by men
/ who deal in the class OF business Whlch
necesSitateS the recording of such IN
struments. They have been caught both
/ ways. Charged first for recording OF
| the chattel mortgage, then being COM
| PEELED, in some instances, to again pay
| a fee to have the document recorded
| as released.
| All of these necessary official transac-
| tions should cost, according to this
| opinion the small sum of 25 cents.
| Mr.. Tracy, for the attorney general.
made an investigation of the subject
| and wrote an opinion IN which he nel0
| that for each entry on the direct index
| there shall be a fee of 3 cents and for
| each entry on the indirect index there
| shall also be a fee of 3 cents thus max
ing the total on the general index 10
| cents.
Mr.. Tracy holds that for filling. enter
| ing and releasing a chattel mortgage,
| bill of sale, conditional sale, contract or
| note, the register is entitled to % cents
He states that there is now no law re-
quiring a chattel mortgage to be enter
ed on the general index OF the once
| and therefore no charge can be made
/ for such entries. It is held by the at
| torney general that only such instru-
ments as are to be recorded and return
! ed thereafter to some person authorized
to receive them are to be entered upon
the reception record.
This opinion caused a roar" from the
registers and Mr.. Tracy was told by
mail that he is mistaken. One register
says: Il hold, etc." and then goes on
to criticise the opinion.
Mr. Tracy looked over the letter and
then at the law After this he said-
II see no reason to change my opinion. "
Specifically going over the subject, Mr.
Tracy said:
In the first place, there is no prOvis-
ion of law requiring a chattel mortgages
to be entered on the reception record,
! in the sense that a deed or real estate
mortgage is required to be entered.
I'm the second place, the law makes
t | no provision for any fee for indexing
0 chattel mortgages or for keeping an in
; dex OF the chattel mortgage minute
/. book.
I Section 7, of chapter 12O, of the gener-
n al statutes of 1897, makes the only pro-
: | vision the law contains for entering or
e indexing chattel mortgages. When a
y chattel mortgage is entered in the min
= ute book provided for by this section, it
has then been entered and indexed 50
far as is contemplated by the fees and
salaries law. 1t is true that this same
section provides that an index to said
o minute book shall be kept; but the law
provides no fee either expressly or by
Implication for keeping such index, and,
+ therefore none can be charged.
> The only provision of the statute for
! a fee for indexing the records is found
II in section 134 of chapter q of the gen.
d eral statutes of 1897. which provides as
e follows:
1.-The register of deeds shall receive
from the county for indexing records al
ready made such compensation as the
! county commissioners may deem suffi-
r cient; and for indexing every tract OF
4 lot of land thereafter, in such numerical
4 | index, the sum of ten cents each, to be
e paid by the person having the instru-
n ment recorded
1T cannot be claimed that the lang
uage of this section warrants the
charging of any fee for making or keep
ing an index to the chattel mortgage
minute book or reception record.
THE latter part of the section which
provides that Whenever any instrument
has been filed as aforesaid, the registe
shall Immediately make an entry Of tn
same in his receiving book relates onl.
to instruments which are to be recorded
and which have already been filed b.
the register, by having endorsed there
on his certificate, noting the day, hou
and minute OF reception and the fees 70
recording the same as provided in tn
first part Of the section concluded MI
Tracy.