Evening journal., 1905-05-17
OPINION ON Mr..
QUIGLEY'S BILL
Submitted by Horace G..
Knowles, Counsel for the
Levy Court
ACTION DEFERRED ONE WEEK.

At the meeting Of the Lovy Court yos-
tcrday afternoon Horace C. Knowles.
counsel for the court submitted his opin-
ion regarding the bill of Clerk Of the
Tseace ouigIey which Comptroller chand-
Ter refused 10 approve Mr. knowles Is
Of the opinion the same as Comptroller
Chandler. thai thore is nothing in the
law to warrant a charge Of more than one
cent a lme for copying the assessment
lists. As TO the compensation to the clork
Of the Peace for acting as Clerk Of the
Lovy Court. Mr.. Knowles is Of tho opinion
that the Levy Court can fix a reasonable
amount as compensation.
Mr. Quirloy asked that action be de-
ferred one week In order that his coun-
sci former Attorney-General II. H. Ward
can submit an opinion on tho question
raised.
"Mr. Ward does not fear the result and
neither do I, remarked Mr.. Qulgley.
The opinion submitted by Mr.. Knowles
was as follows:
Mr.. Robert McFarlln. Chairman Levy
Court committee and County Clerk and
Sheriff
Dear slr.-fn compliance with your re-
quest Of yesterday TO inform you of the
/ law In respect TO certain fees charged In
the last quarterly bill Of the clerk OF the
peace. I would state that after q very
fun and careful examination Of the law
In respect TO making copies and dupl-
Gates of the records In the office Of the
clerk Of the peace the only charge au-
thorized by the law for the making OF
such copies or duplicates Is that FOUND
In Chapter il5. of The Revised Code, under
the title "of the fees of public officers,
In section II OF the list OF fees Of the
clerk of the peace at page 905 which ii
In the following words: copy or eN'
emplincation, or "a record under seal moi
before provided for thirty cents and on'
cent a line"
have been unable to find anywher'
any special fee for any particular kline
OF copying or for the making Of dupli
Gates OF a record IN the office OF the clcrl
Of the peace. and In the absence Of an.
, special provision IL would seem that IN
4 general provision above referred TO woul
p apply for any service OF the clerk Of th
pence coming withins the work clussihe
as copying and making certificates G
duplicates or records in the ofaco Of IN
Z clerk ef thb peace.
find by examination Of the fees 9
other county officers as provided In IN
u said chapter rs Of the Revised Cod,
that the clerk of errors and appeals, pag
SOS. is allowed for copying, one cent
. llne." the prothonotary page 9o3 70
!. copying or complication Of rocor
/. under seal not before provided for, thlrt
: cents and one cent line" the clerk q
tho Orphans Court, page 90s for "cop,
lng or oxemplincation, Of a record und,
seal not before provided for, thirty cent
! and one cent line; the register Of will
% page 9li. for copy or exempnhcation. {
! a record under seal not before provide
4 for thirty cents ana one cent "a line
n tho register IN chancory, page 30 'fG
copy or exemplihcaton, of "a record IN
der seal not before provided for thiri
cents and one cent a line; recorder
e deeds. page 9li, for copying, one Gel
n line" IL appears, therefore, that q
d intent Of the Legislature WAS to fix the.
o respective fees for copying such rocor,
T. contained in or intended to be record,
" In the several county Offices The prov
sion is a general one. and in the absen'
e Of any special provision for special woi
70 the general provision would regulate n
u fec for any service coming within thi
q classification referred TO or intended
be comprised In the provision OF the Il
paragraph above quoted.
I" AS 20 the charges made by the clci
! Of the peace for acting as clerk Of ii
Levy Court the only provision I can fin
bearing upon the subject is that contains
in the said chapter 10 OF the Revis
Code az page 9O5. to the effect that E
his services as clerk Of the Levy Coul
a reasonable compensation to be allow
by said court.
This provision undoubtedly conteI
plates the fixing by the Levy Court Of
- allowance 20 the clerk OF the Levy Cou
l OF an amount sufficient 70 compensa
u him for the services required Of him
the discharge Of his duties as the Gle
or recording officer OF the Levy Court
n while this provision does not state VIII
particular services are TO be render
for such reasonable compensation
there is at least an implication that
should cover any and all Of the ordina
services and duties OF a CLERK or secreta
Of the organization. There is however.
NJ restriction upon the Levy Court Will
as prevents II allowing double or two-f'
1t compensation for any particular servi
or especially II It be considered that [
hit general provision o. allowance is insu
M cient to compensate for the services rs
no dered.
he Believing / have covered the questio
10 submitted to me by you at least so far
1 can, and trusting the same may appe
.s, clear and be satisfactory 10 you and 20
y. committee, 1 am very truly yours,
"a. Horace C. Knowles
Marriana AZ | e..ln.