The labor world. [volume] (Duluth, Minn.) 1896-current, 1902-05-31
TO
ACCOMMODATE ! 4: J NJ! 1! D {
CLERK OF COURTS MUST PAY COUN-
TY FOR FEES NOT COL
LECTED.
LAW STRICTLY interpreted
SUPREME COURT FINDS HIS INTENT
KIND, BUT JUDGMENT BAD. Y
Official, by Overlooking Minor Pro-
vision of Statute, Amenable to
Prosecution for Felony.
LAW STRICTLY interpreted
SUPREME COURT FINDS HIS INTENT
KIND, BUT JUDGMENT BAD.

ST. PAUL, May 29.-Cortland N.
Dickey, clerk of courts in Hennepin
county, is assessed $4,000 under a de-
cision Of the supreme court filed by
Justice Lovely today. His Indebtedness
to the county may even exceed that
sum-.
Mr.. D1ckey was accommodating to
the public, and neglected to charge fees
for small services which required
searching the records. The court holds
that this was all right while his office
was on a fee basis, but that after 1t
was placed on a salary it became his
duty to charge for everything provided
in the fee bill, which includes practical
ly every service or piece Of information
he gives.
Mr.. Diclxey had also followed the GUS
tom, long established, of charging the
commercial agencies and abstract COM
panies lump sum per month for filling
out the blanks they furnished him
daily.
Under the decision Of the supreme
court, he should have charged for this
information as to suits and judgments
filed, etc., as though he had furnished
certified copies of the items, and the
money should have been turned into the
state treasury.
Exonerated of Intended Wrong.
The court calls attention to the fact
that, under the law, failure to comply
with these provisions constitutes a
felony, but Justice Lovely, in the opin-
ion, makes a number Of statements ex-
onerating Mr.. Dickey from any felon-
ious intent.
In the first place, it is stated that,
upon assuming the duties of the office
in 1891, Mr.. Dickey consulted the coun-
ty attorney with regard to these mat
tiers, particularly the retention Of the
fees, and was advised to retain them,
and to do just as he has been doing,
and the county commissioners acqui-
esced in this.
Then it is stated that when the coun-
ty commissioners brought the action
Mr. Dickey furnished the testimony on
which the county's claim was based. He
did not attempt to conceal anything.
If Mr.. Dickey is disappointed by the
order to repay the fund, the court says,
he must remember that a man WHO
holds public office must accept it's bur.
dens as we'll as it's compensations.
New Trial Is Ordered.
The judgment Of the Hennepin county
court in favor Of Mr.. Dickey is reversed,
and a new trial ordered
The supreme court today affirmed the
decision Of the Polk county court in
Frank Walker, respondent, versus the
Grand Forks Lumber company, appel
liant, personal injury case. =.
Justice Start reversed the LeSeuer
county court in Frederick Bernard, ap-
pellant, versus Margaret Thurston, re-
spondent, a dispute over eighty acres
of land, and involving the question Of
whether deed had been delivered to
Bernard during the lifetime Of the
grantor. The district court held that
the evidence showed not; the supreme
court holds that it did.
Chief Justice Start affirmed the or
der of the Sibley county court In Theo-
dore Streisguth, respondent, versus
William Knoll, appellant, a dispute over
a promissory note.
Justice Brown affirmed the order Of
the Minneapolis municipal court over
ruling a demurrer in suit of the 500
road against Otto Grethen, ct al, de-
PENDANTS, and Louis Schlick. appellant.
The railroad company sued to recover
$50 on a bond which Grethen gave to
secure the money after the company
had been garnisheed.