Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-05-15
MRS. ALLEN EXPLAINS POSITION
Has Attorney Generals Opinion as to

haS Attorney NeneTalS OPtHioU 40 w
Stand She is Taking.
Concerning the controversy between
the board of supervisors and Minnie
e. Allen, county recorder, relative to
whether or not Mrs. Allen shall turn
over her office receipts quarterly or
settle annually Mrs. Allen claims to
have the opinion of athe attorney gem
eral as we'll as the. county attorney.
supporting her position. In a COM
munication to the T.-R. she says:
Editor Times Republicans Since
your paper has seen fit to make my
coreroversy with the board of SUI
pervisors a matter of public news and
local comment, l beg leavevkp be all
lowed the courtesy of 'brfef state
ment..
81 wish 1t to be known that have
the written opinion of the attorney
general of the state Of Iowa, as well as
the county attorney, supporting my
contention that the board of supervis-
ors had no such power as they, at.
tempted to exercise in passing the res
olution which started this controversy.
audi have taken the trouble to show
them such opinions and point out their
error, and while themselves recognizing
that they had no power to prevent the,
payment of my salary monthly, they
refuse to recede from their position.
My refusal TO pay over the fees Of.
the office quarterly Is not prompted by
a desire not to be bossed by man.,
but is based on the plainest kind of
provision of law fixing the time, at the
time of settlement, the first Monday in
January, and that has been ths law
heretofore adhered to by all my pre-.
decessors as far as I know. The fol-
lowing section of uhe statute defines
my duties:
Code, Section 400. Fees to be re-
ported and paid to the county-Com-
pensation. The recorder shall report
quarterly under oath, to the board of
supervisors on blanks furnished by,
the auditor. all fees collected by him
for recording instruments provided by.
law; shall make ANNUALLY settlement
with the board Of supervisors on the:
first Monday in January of each year.
and pay into the county treasury all
fees received by him, and the recorder
shall receive in full compensation for
all services lthe sum of $1,000 per an
mum in counties having population,
of less than $4,000 and $1,500 per an
mum in counties having a population
of over $4,000 and less than $4,000 and
$1,000 in counties having a population
of over So 900 and less than $4,000
and $500 in counties having popu-
lation of over $4,000 and less than 60,-
900, and $4,000 on counties having a
population of $4,000 or over
81 am doing precisely what the law
directs me to do in caring for the
funds, and they are deposited without
interest, as all public funds are, and
In a safe bank to the county's credit
in my official capacity as my obliga-
ton to my bondsman requires: am
further legally advised that a payment
of said funds to the county treasurer
would not relieve me of any liability.
DMy duties are defined by. law and
the oath of my office, and not by the
board.
wish to add also that the boards ac7
ton is not certainly prompted by any
fear for the security for the funds, be-
cause have bond of $1,000, approved
by them. and which is far in excess OF
the TOTAL year S Ieceipts. Iheu dsdiii'
some other county officers do not turn
in the feesof their office quarterly. and
the board does not complain, and the
county would not draw interest on the
fees If they were paid in, as, there is
already thousands of dollars surplus in
banks which does not draw interest.
cannot help but feel that the attitude
taken by the board was prompted by
improper motives. | very much regret
the Incident and cannot afford the
hardship that it causes me- but do not
feel that as a public officer I should
be open to censure for doing my full