Omaha daily bee., 1906-05-17
PAY MUST COME In ADVANCE
Fees on Papers Filed by Attorneys with
District Clerk Demanded Down.
CREDIT SYSTEM NO LONGER IN VOGUE
Result of County Boards Action in
Calling on Judges 60 Fork over
UncOIIected Fees to
Treasurer.

Pay in advance" is the demand made
now on attorneys who file papers in the
district clerks and the county judges
office, as a result of the demand of the
county commissioners for an accounting OF
uncollected costs. District Clerk Broad
well and County Judge Leslie have both
issued orders to their clerks not to accept
filings unless the filing fee is paid in adj
vance.
Mr.. Broadwell said Tuesday he had con-
suited attorneys and they had told him
he could not be held for fees he had not
collected He declared $4,000, the estimate
made by the commissioners Of the amount
Of uncolected fees on his books. was too
high. The opinion of Deputy County At
torney Shotwel did not include the fees
for the recording of court orders and with
these excluded, It is said, the uncollected
fees will not run up as high as the COM
missioners estimate. A. T. Cow, Mr.
Broadwells fee clerk, was unable to make
an estimate Of what they would amount to-
County Judge Leslie has declared his
willingness to cooperate with the commits
sioners in keeping the fees collected.
I'm view Of the Boettcher decision" he
said, II am inclined to think that an Of
fetal who extends credit by taking filings
without exacting the fee does so at his
peril and may be held accountable to the
county. This IL my Judgment now. But
there are certain fees which, II appears to
me, 1t is not right to charge UP against
the of1cials. For example, instances hap
pen frequently where cases are continued
by law over the term where neither party
appears. The continuance in such cases
is provided for by law and ] have known
m N or
SOS in a single case. We may have no
opportunity to reach the parties concerned
or collect the. fees from them. In such
cases it hardly seems right TO hold either
the county Judge or the district clerk for
them II they cannot be collected.
VIII Help Get Decision.
Judge Leslie also mas expressed to
County Attorney Slabaugh his willing
ness to cooperate in securing decision
of the supreme court on the question
whether or not the county Judge is en-
titled to retain fees collected for perform
ing marriage ceremonies. The Judge has
been in the habit OF keeping these fees
and not reporting them to the county.
Judge Leslie offered to submit to a man
damus proceeding, but the county attorney
has decided he cannot be held accountable
until the close of his term II this is
the case the action would have to pc
brought against former judge to compel
him to account for the fees.
81 understand such a case was brought
in Lancaster county" said Judge Leslie,
'and decided in favor Of the county Judge
in the district court and never taken to
the supreme court. 1 would like to have
a decision and will cooperate with the
commissioners to secure one. In case
an action is pending at the close of my
term, my present impression is that l
would pay the marriage fees I have col
lected into the county treasury under
protest so that / might preserve my
rights in case it was decided l was en-
titled to them"
1t is estimated the fees for performing
a month.