Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1908-09-30
JUDGES MAY
NOT GET COURT ~,
(From FRIDAYS Daily,

'hVe
public examiner several contraai.s
and tcconicalitics concerning N. :,
of county Offices \.
been discovered unknown TO exis
fore.
The latest legal question u,.
according to the statement Of "
Foster. public examiner, who ,,o,,
over here yesterday on his way ~.
and for which be claims no credit
whether the probate Judges Of ss.o,
class counties are entitled 10 the "a.
collected in their courts, in aa3,;.
to- the $1,000 annual salary allan,
T.. Y. Robertson, district attorbev
Yuma county, the only second I'll,
county 10 the territory claim.
ho probate Judge Of his county /,
entitled to any fees collected IN
Olive. lie mBnains that the stain,
provide that the fees shall be- iar,.
into the county treasury
Yuma county, October, 1907. base
/ from third class county into one
T the second class. while the eost
was ia the third class Probate lul
/ Godfrey collected the 5000 allowed
as probate judge, $500 as scaool ,up,
/ intcudcnt and the fees collected in n
probate court according to law whd
the county passed into the se,on
class he collected the $1,000 salary
lowed as probate Judge and school
pcrintcndcnt and also retained the ie
collected in the probate court
District Attorney Robertson uotif
the board Of supervisors Of Nj. eoun
recently that the law lid not iusii
the probate judge in appropriaiing Il
fees. lie also notified the public
amincr of Probate Judge Godfrey
action and the public examiner ITO
ped over mere yesterday 70 conN
with Attorney General Clark.
Judge Godfrey does not deny ia
he has pockoicd. the fees Of his Oh
ns alleged. lie asserts they are his
law aud he will not pay any fee. in
the county treasury until court
proper authority decides tina, he is n
entitled TO the fees collected
No question Of criminality has az
ON in the ease. It is simple misco
.iruction OF the statutes that must
decided in tnc courts.
Probate Judges Of counties Of
first class With an assessed yaluaii
Of slI0OO,pO0 or less are allowed
fees collected in their courts 10 adj
ton 90 an annual salary Of sL2
payable quarterly. Probate Judges
second class counties, who are also
onicio scho superintendent, are
%. lowed an annual salary OF Sl'-N
~. mu for their services, according 70
cr technical Interpretation of the "a'u'
Probate judges Of third, fourth OIL
and sixth class counties are allowed
a. annual salary Of not more Chan 'o'O
.., prohaic Judge. not more than ,d0O
mn school superintendent, and .he ices
lce'cH in the probate court TIE
~ That probate judges of n'I closes
4. counties in the territory ave aIIo'
~ The fees collected, with lc except
u, of second class counties raises
question IN the minds of many
49, the Trainers Of Size statute .n qae'
intended that the probate Ial9
second class counties should Teian
~. fees collected by them as prr. conn
~ satiou for ;heir service.
y, Graham county S. tno only
n, in the territory lhat has hce' M
~ second class since 1900. w.a do
.n ccpiion of Yuma
~. ~ Sc probable that smt ".' ''
Va tered I'm tho Yuma da..et ''a
aI the paywcat into The county N'.
,,d Of the fees collected iu'e 'a'' NJ
b, bier hy Probate Judge oooIir.
Another discovery matc 'A'' W..
o that taxes are not delinqnen. paN'
third Monday IN December lN
,.ot lcctors aud supervisors oIi o'
tna territory until last year ''.''P
80, the Jaw TO mean that tNes
w.. linqueat the second Monday '
comber, since the creation by "'
% the back tax hook.
i After the second Moui'y h y
Der Of last year the s9o'a'i'
RAILROAD Company offered So IP
taxes IN Yuma and co.h ''''
The ax collectors Of H..e '''
refused TO accept the take. "''','
four per cent delinquent zee %,
them by the law creating 'he '''
~ book. The company rciua.'
tho penalty and the district 'oa'.
''0' both counties decided IN tbe ''''
taxes are not delinquent i''