Omaha daily bee., 1906-05-16
DEMAND FOR BIG BACK FEES
County Attorneys Office Wants Fifty Tho us
and Dollars Turned Into Treasury,
SHIELDS, BAXTER AND wNSoNHALER IN IT
Each Former as Well ms Present
County judge viii he Held
Responsible for His
share.

The county commissioners, acting under
an opinion from Deputy County Attorney
Shotwell. will make a demand on present
and former county tfficials for approx
mately $4,000 in fees which have been
earned but never collected. Mr.. Shotwell
has presented an opinion that the officials
are legally responsible for these fees. and
the finance committee at a meeting Tues
day decided to proceed at once to collect
them
1t is estimated by the commissioners that
there are $4,000 in uncollected fees on the
books Of the district clerks office. In the
county judges Office it is computed there
are about $4,000 in uncollected fees which
have been earned during the last ten or
twelve years. These fees were earned by
former County Judges Shields, Baxter and
Vinsonhaler as we'll as by Judge Leslie. and
each one OF these officials will be held re-
sponsble for his share.
Clerk, Treasurer and sheriff.
It is the opinion of Mr.. shotwell that the
county clerk, county treasurer and sheriff
are also subject to suit for uncollected fees.
but in these offices 1t is not believed the
amount Of the fees will be large, with the
possible exception of the sheriff's. In the
county clerks Office it has been customary
to demand all fees in advance. The treas
urer's office is checked up by the state, and
1t is believed fees have been kept well col
lected. Ex-Sheriff John Power admits his
liability for about 81 800 in fees and has al
ready asked permission of the comim ssion-
ers to collect them now. There is said to
be large amount OF fees due the county
from the former terms of Sheriff Mcdonald
The commissioners will begin an investi-
cation Of the different Offices at once with
a view to determining the amount due the
county in each. This investigation will
run back to 1900 in the district clerk $
office, as in that year it was made a
salaried office and the fees earned since
then belong to the county. The other
offices have been on a salary basis since
the early history of the state.
OmcIaIs Are Notified.
The finance committee, consisting of IRE
Kennard and Solomon, took up the matter
Tuesday and sent notices to the different
officials and former officials involved that
they will be expected to make a settlement
with the county.
Mr.. Shotwell's opinion is very positive
in its terms and is based I'm part on a
suit from Lancaster county entitled Boet-
tcher against Lancaster county, i'm which
the supreme court is said to have decided
officials are responsible for all fees earned
in their offices. In the opinion Mr.. Shot
well says:
1.-THE clerk is purely the agent of the
county and has no power to extend its
credit, and If he does so he is liable for
such disregard of the law. The law per-
mits him to demand his fees from ltigants
in advance, and if he fails to do so and
credit is extended he must answer to the
county for which he works and to which
| he Is liable" fn.f
District Clerk Btoadwell, who is affected
more than anyone else by the action of
the board, was called before the committee
Tuesday. He did not place as sweeping
an Interpretation on the decision of the
court as the commissioners did and said
he had been informed by his attorneys that
he could not be held responsible He de-
clared it was almost impossible to keep
| from extending credit in some cases, but
he had collected in advance wherever it
! was possible.