The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-06-08
TERRITORIAL LEGISLATURE
WITHOUT AUTHORITY
Clerk May Fix Schedule That
Would Give Him ReaS-
enable Compensation

The Supreme court met in regular
session this morning with Justice
Dunn presiding IN the absence Of
Chlef Justice NJ. J. Kane and with Jus.
ticea Turner, Williams and Hayes
present.
Three opinions we're rendered, two
BY Justice Turner and one by Justice
Dunn.
Justice Dunn IN the cause OF J. A..
BOhart w. Marguerite Anderson, holds
ghat there II no statute IN effect pro-
yiding fer bond solely for costs Of ap-
peallng or filing a case In the Supreme
e0uit and the Zee schedule provided
under the AeaElon laws 0f 1897. Terri
iOrg of Oltla., n moi applicable 10 the
fees to be charged by the clerk OF the
Supreme court, declaring that the ter
rltorial legislature had no power 70
iegiHlata npun the subject. TIE court
holds there Is no statute or law gov.
ernlng phn fees Of the clerk of the
Supreme court and that the clerk
could require attorneys to pay as costs
IN that court d schedule which wouin
be d reasonable compensation for his
services
The decision IL upon d controversy
which arose between i O'Neil conn.
sel for plaintiff In error aud Court
rlask Campbell the latter requiring
0Nelll to pay $40 IN filing case TO
cover costa O'Naii eontended tha
under the statute Of 1897 that he
could give sapersedeas bond for
costs and not be required TO make
eaah deposit
Justice williams dlssenta from the
decision
syllabus Of the opIron, +. .a. ~
T. The sections Of The act Of the
legislature Of Oklahoma contained IN
ehapGer tt. laws Of 1897, p. le0, relai.
ing 10 inc feea 0f the clerk of tine
supreme court. and the payment there
Of are void. ttf0Il0wing PITTS. etc. VS.
Logan county. 3 Okla. 7la and Unit.
"a States VS.. Macmillan. f6s u s..
a0s.l
q II II q proper rule Of eonstruc-
lion that the entire act or instrument
ii 40 be examined, with a view Of
arriving al the true intention Of each
Ealt, and that effect Is TO be given
II possible 10 the whole instrument,
and to every section and clause.
Courts favor construction which
wifi render every word operative.
ia her tran one which makes some
words Idle and nugaiory.
3. The term fees" and costs are
often used interchangeabiy, as having
she same application; but Accurately
speaking. the term fees Il applica.
Bile to the Items chargeahle BY law
between the officer and The party
whum be serves. while the term
costs has reference to the expens
8ea OF litigation ii between litigants.
4 Section is Of the organic act.
ind chapter l6. little Judiciary, Of the
Revised Statutes of the United States,
relating 10 the fees and compensation
IT the clerk Of the supreme court OF
khp Terri ory 0f Oklahoma. are lncon-
sInsent with and fepugnant to the
schedule Of The constitution az well
as locally lftlppllpahle. hence they
we're not extended to nor did they
remain tn force IN the state
4. When Che compensation Of an
officer Is not fixed hy law al the time
Ae renders service. but Il clearly
sppears that Il was the intention Of
TIE lawmakers that he should re.
celve a reasonable compensation to be
fixed By law. until II Ii 10 fixed be II
autitled 10 8 reasonable compensation
10 be determined BY the proper tribu'
nal
&. 4 party requiring the service Of
be clerk u the supreme court may
lawfully be required 10 make pay
menE therefor Al The tIlle the request
fur the atsYleH II made. and the clerk
may lawfully denlIha 10 render the
service until reasonable compensation
il rendered therefor.