The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-06-12
Didn't Write Letter Requesting
HOldup of. Salaries.
is NOT YET SETTLED,
Insists COuntyTreasurer Should
Make Reports.
County Clerk Says He Also Must
Turn Over Fees.


concerning the effort of S. G. thinner
man to compel the county treasurer and
the probate judge to make quarterly
reports on the fees collected by them
| Mr.. Zimmerman has written a letter OF
explanation to the State Journal under
the date of June in which he says
that the article in question reflected
| most seriously upon the county clerk
'One of the headlines in the article re-
ferred to- writes Mr.. Zimmerman in his
| letter of explanation, printed in bold
| faced type, reads: Mr.. Zimmerman
| Tried to Hold Up Salaries of County
Officers and in the body of the article
appears the following: Mr.. Zimmerman
| wrote letter to the county commission
| ers suggesting that they hold up the
| salaries of the county treasurer and the
probate judge until they reported their
| fees as he believed they should do In
answer to this quote in full the only
| letter / ever wrote to the county COM
missioners on this subject
Then follows Mr.. Zimemrman's letter
which merely calls attention to the fact
that the county treasurer and probate
Judge had not filed a quarterly report
of the fees collected by them.
1t was an unintentional error in the
article to say that Mr. Zimmerman had
written to the county commissioners
suggesting that they hold up the sal
aries of the county treasurer and the
probate judge until they had reported
their fees. Mr.. Zimmerman did not
write such letter. But he did appear
before the county commissioners in per-
son and suggested to them orally that
they hold up the salaries of the coun-
ty treasurer and the probate Judge.
Each of the county commissioners re-
member distinctly that Mr.. Zimmerman
made this statement to them.
]. J. Schenck, the county attorney,
was present in the county commits
sioners' room when this statement was
made by Mr.. Zimmerman.
Mr. Sterne. one of the county COM
missioners, turned to Mr.. Schenck and
asked him what the county commits
sioners ought to do and whether they
ought to hold up the salaries of the
officers in question. Mr.. Schenck sug-
usual and said that he would get out
an opinion on the subject.
In his letter of explanation Mr. Zim-
norman says that there is no further
controversy between himself and the
probate judge on the subject the
county attorney has given an opinion
to the effect that the probate judge
does not. have TO make reports on the
fees collected by him. Further on in
his letter Mr.. Zimmerman says:
There is a question at issue between
the county clerk and the county treas
urer and this question has not beer
contrary Notwithstanding, and the
county attorney has given no written
opinion on the point"
About the most charitable thing that
can be said concerning this statement
of Mr.. Zimmermans is that he has
not taken the trouble to inform him
self in the premises. Surely a gentle
man of his attachments and whose pro-
LESSONS of honesty and integrity are
known to everyone who has the privi-
lege of talking with him for a few mo-
ments, would not purposely make a
missta tement.
Tl11f hor iG a Of Lott
opinion on the subject written to F.
c. Bowen, the county treasurer, by J.
]. schenck, the county attorney:
June 5, '07.
Hon. F. c. Bowen, County Treasurer,
Topeka, Kan.
Mr.. Dear Sir:-Replying to your favor
of a few days ago requesting me to
give an opinion as to the duty of the
Kan, to make quarterly statements
to the board of county commissioners,
as provided for in section IA of chap
ter 141 of the laws of 1889, and to per-
form the other things specified in said
section, beg to say, have given this
matter careful consideration. and 1 am
of the opinion that said section IA was
repealed insofar as it related to the
Kan.
Section of chapter PA of the laws
of 1901, specifically repeats original sec
ton IA of chapt 1141 of the laws of
1899, and all other sections and parts
of sections, insofar as they relate to
the county treasurer of Shawnee coun-
ty, Kan. 1, therefore, conclude that
such a report is not required from
you. Very truly yours.
Continuing in his letter of explana-
ton Mr.. Zimmerman says:
1.-The county clerk contends that the |
county treasurer must pay into the |
county treasury all fees collected by |
him and in support of this contention
submit the following: (Then fol- |
lows the statutes on the subject stating |
that the fees in question shall become !
a part of the general fund of the !
county and no one disputes this and |
the letter of Mr.. Zimmerman con-
THE county treasurer contends that |
the fees referred to in section 1895 |
belong to him as the peruuisites of |
his office in addition to his salary of |
three thousand dollars. but he cites |
no authority in support of his conten-
ton, and until the county treasurer
can show that sections 1887 and 3O96
pertain to Shawnee county, the county |
clerk will continue to charge him |
with such fees and hold him to &C
count for them"
This statement of Mr.. Zimmerman's |
to the effect that the county treasurer
the county to his own pocket is a new
phase of the question that has not
developed before. and when F. c.
Bowen, who has been a county officer
for a long time, and whose integrity
has never been questioned by anyone
was asked about it. he replied:
Its an unwarranted falsehood. It's
hard for me to believe that the coun-
~ clerk makes any such charge. He
knows better. This is the first init |