The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-20
GETS FEES
Judge Hazen Allows Sheriff
$3.50 This Morning.

Judge z. T. Hazen, sitting pro tenn
on the district court bench by agree
ment of the attorneys to the parties
litigant. this morning handed down
his opinion on Sheriff Lucas claims
which were held up recently by Coun-
ty Auditor Ralph Cav.
The claims extend over a period Of
more than a year back. Mr. Lucas
f1led them shortly after Mr.. Cav took
his Office. The latter held up a total
amount aggregating $S32.S8. What
he was after was to get an opinion
from the court as regards the law on
sheriffs' claims.
Mr.. Lucas employed Probate Judge
Hayden, and the county was repre-
sented by Otis Hungate. The two got
together on an agreed statement of
facts and presented it to the court.
1t was hled just before Judge Hazen
left the bench, and the parties agreed
to have him hand down the decision,
sitting pro tenn.
He gave the decision this morning
and allowed Sheriff Lucas $265.20 out
of his entire claim of $332.3S. The
items which the court cut out" are not
provided for in the statutes.
Four counts were presented to the
court The first was the allowing of
claim of $3.50 on a requisition war
rant hack bill. This means that the
sheriff can charge up his hack fare
when he goes after a man on a requi-
sition.
The second count was important,
because it took up city court of To-
peka claims Mr.. Lucas was allowed
$27.75 for serving city court war
rants and S274.9O for mileage in serv-
ing these warrants. Judge Hazen held
this legal because the city court war
rants read: ITO the marshal, the
sheriff. or any constable of Shawnee
county" The following items were
however, disallowed in connection
with serving the city court warrants:
Prisoners meals on trip, 81; for help
from foreign police officers, $40; hack
$3.45 unitemized expense BILL $3.75.
Judge Hazen then stated that the
sheriff is entitled to so cents a day for
the meals for prisoners while he has
them on the road, the same as he is
allowed when they are IN his custody
In the county Jail.
The third count covered the hauling
of articles taken under search and
bill of $19.75 for hauling fixtures
which he captured at joint raids to
the court house. This he said repre-
sented the express wagon account.
no provision for such contingencies.
So it means hereafter that Mr.. Lucas
will have to stand the expense of haul
ing confiscated booze and fixtures
from the place where they are cap
tured to his county Jail cellar
On the fourth count Mr.. Lucas was
So paid to another officer
for holding a person wanted by the
district court of Shawnee county.
Most of the county officers think
that the decision is pretty satisfactory.
Sheriff Lucas offers no complaint. 1t
SINNERS itself down to the place where
it can be seen that the sheriff on fee
salary can make up in one place what
he loses n another.
Judge Hazen after delivering his
opinion stated that some legislation
ought to be had with regard to a
sheriff's fees. Something ought to be
done. so that all contingencies are pro-
vided for" said the Judge Here we
find instances where the sheriff ought
to have compensation without doubt,
and yet we cannot give it to him, for
the simple reason that the statutes
make no provision IN that direction.
1t is not the fault of the court or any
Of the officers. It lies wholly with the
statute. The auditor must pay out for
just such things as he is authorized
to-