The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-03-07
MUCH ADO ABOUT
NOTHING IN FEE
DISCUSSION
An Unbiased Statement of De
cision Affecting the Fees
of Sheriff.

The matter of the Interpretation Of
the law relative to fees of sheriffs has
caused some agitation and discussion
pro ct con and The Evening Times
has secured the following article up
on the subject written by authority
upon the same, which seems to be Il
clear and unbiased statement OF the
situation. The article follows:
The recent case of the appeal of
Sheriff Gonyea of Polk county seems
to have given rise to lot of unneces-
sary talk, principally, because of IL
lack of understanding of the facts in
this case and the law applicable there
to, which has resulted in bringing
Sheriff Gonyea and eX-Sheriff e. }.
Sullivan into the lime light in q way
which must be disagreeable to any
person who is not guilty of any inten-
tional misconduct. The whole matter
has arisen from previous interpreta-
ton of part of Chapter 294 Of the
General Laws for 1903 as to what fees,
mileage and expenses the Sheriff is
entitled to charge for the services Of
criminal warrants issued out of JUS
tice courts in Polk county.
Prior to April 8, 1891, both the
Sheriff and Constables were entitled
to charge mileage of 10 cents per mile
both going and coming in the service
of such warrants, besides the regular
fee for making service. The Sheriff
could only charge for such service the
same amounts provided by law for
service by Constable.
In Chapter 424 of the Special Laws
of 1881, entitled can Act to Regulate
the Salaries, Compensation and Fees
of certain County Officials, Minneso-
ta," Section -, it is provided, "The
Sheriff and Constables OF said county
of Polk shall be allowed, respectively,
to charge for their services Seventy
five (75) per cent only Of the fees,
mileage on other compensation here
tofore allowed by law for such service
in said Offices"
No change was made in this law I'M
til 1903 when Chapter 294 of the Cen
eral Laws of that year was passed by
the legislature, wherein it is provided,
Travelling in making and service up
on any writ or summons, ten cents
per mile for going and returning, to
be computed from the place where the
court is usually held, also reasonable
and necessary expenses actually paid
out for food necessarily furnished any
prisoner while conducting him to JAIL
and all necessary transportation
charges actually paid out in trans
porting any such prisoner by a COM
mon carrier"
This law was submitted to the Coun-
ty Attorney and by him to the Attor-
ney General for Interpretation, and
ial Law of 1891 in so far as it was in
consistent with Chapter 294 of the
Laws of 1903, and SO advised Mr.. Sui
Ivan who was then sheriff, and ac-
cordingly he presented his bills to the
County Commissioners charging 10
cents per mile mileage and reasonable
and necessary expenses actually paid
out for food and transportation
charges incurred while conveying any
prisoner pursuant to any warrant is
sued out of the Justice court, and the
same were allowed by the CommlS-
sioners. This continued to be the in
depreciation placed on the 1908 law
until County Attorney Maybury took
the position that this law did not
amend the Special Law Of 1891, and
that the sheriff was only entitled to
charge 71s cents per mile in the
service of these Justice court war
rants, and was not entitled to charge
anything for the carfare or food of
prisoners conveyed pursuant to such
warrants, and the Commissioners
ruled with him. From their order in
this matter Sheriff Gonyea appealed
to the district court, and this is the
case which was decided by Judge
Grindeland and wherein he held that
the 1903 law did not amend the Special
Law of 1891 in so far as any provis-