Evening journal., 1902-06-27
rs 1r A nEGAL FEE2

The Secretary OF State before sending
the commissions to the registrars to be
appointed throughout Delaware, out
side the city OF Wilmington. sent no
tices stating that certain persons would
be appointed, and a statement that the
commission of each would cost 81.
This applies % registrars, their assist
ants ana the alternates; and as there
are about 800 of these. the Secretary is
expecting to pocket the snug little sum
OF 5000.
II is doubted very much whether this
charge is warranted in law. The act
constituting Iegistration officers was
passed In 1891. and the only provision
undcr which the right to charge this
fee could be placed Is a general act OF
1875. in which there is a clause which
reads: Every impression OF the great
seal when used in commissioning pub
lie officers-S2." 1t must be under
stood that registrars are not necessarily
TO be considered public officers within
tho purview of this act, and il is ques-
toned whether they are required to be
formally commissioned. Il must be
remembered that by the same act un-
der which the registrars for the rural
part OF tho State ara created, the De
partment OF Elections of Wilmington
is empowered TO appoint registrars for
this city. These are public officers,
too. but they do not have to be COM
missioned by the Governor.
The act of 1891 says that the Cover
nor shall appoint registrars under
certain conditions, and is silent about
their commissions. NO secretary OF
State heretofore has so construed the
act as TO require payment Of fees by
these officers. and to do SO is to give
the law an Interpretation doubtless
never intended by its trainers. It
should not be forgotten in this con-
nection that the law provides for al
ternate registrars, who receive no COM
pensation. unless they are called upon
to act by reason of the inability Of
their chiefs. To require these TO pay
a fee is to penalize them for being APP
pointed to an office they did not seek,
and which carries no emoluments.
But this is not the end; the law ere
ating the voters assistants is framed
in the same general terms, and since
these are public officers. they will
doubtless be commissioned, and eact
will be charged a fee Of 81. This
will add few hundred dollars. more
10 the Secretary's private purse. Th'
work OF making out all these certih
Gates does not fall upon the Secretary
but is performed by a clerk, the salalg
OF whom was assumed by the Stat
under an act of the last Legislature
Therefore. the State pays for the work
and c. R. layton pockets 81 eacf
Now the Secretary needs this none,
and doubtless feels justified in strain
ing the law to charge the fees ind
Gated. His office only pays from $40
600 to $4,000 per year. and he must b
compensated for giving up a large an
lucrative practice which he enjoyed
tho field of medicine. We presun
that each person honored with a con
mission will step up and deposit h
little 81 in the place where it wi
do the most good.
Every man who has not paid for h
commission has a remedy; he can
the Secretary of State collect his fee
any manner he chooses. If the fee
not paid the only apparent remedy
for the Governor to revoke the col
mission. He might do this if his ST
retary were not taken care of. but
would ne worth the effort to find out,