The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-04-15
EXTRA
JUDICIAL
OPINION

A
aslm. iklu. hrfl
EDITOR sag qasliGle chla.
npaF kir notice aa uplolon ol
the attorney sgaefal henied So~a pa
Aptll q 1903, N which Ms west says
Marriage ices b county judges and
iusllccs al thn peace iauai nas be
pocgclea bg tie uMelallhg c%nltsal prt'
must be turned over to the county as
IA pari 0 TIE feen collected bg che
Office
HI tie lirai place, the supreme
Judges aud county Judges are author
Iced IN perform marriage ceremonies
The same aa any eccleslesilc named n
the statute, IN which no feer ave hxed
|hy law Tor the performance q mar
'riags ceremonies
The supreme judges and district
Judges make no report Of fees earned
They nfe on salary. so "A the county
Judge The supreme court and dis
|trIct JUICES perform marriage cere'
monies hg virtue Of their office, and W
does the county judge.
The eeeleslastic performs marriage
ceremonies for which no fees are Axeu
Hby INV
All thsTforesoing officials and clef.
symcn are under The sumo law 70
which 10 fees are lixeds ia iacg, there
Is no Zee. u The legislature had Ia.
tended that q fee should be charged
they would have said 50.
Attorney General West, through hls
assistant Mr spilmun. held 10 4 for
mef opinion that supreme Judges as
'lrlct indgee and county judges should
export stch fees and turn them Ia 10
the county treasury ask him 70
whom must the supreme fnd district
Judges rake their aep0rtg IN which
county treasury shall they pay their
'geeHg
The lhw requires the county ludgeF
Ito post I'D in their office y Tee bill, an
lcf q npualty. aud ! lnd no fees for
performing m1rriage ceremonies.
ask the attorney general 10 name the
sum 10 be charged The Legislature
did not say that amy Zee SHOULD le
charged. Can fhc attorney general
say how mnch3
The legislature dha not intend thai
4 Gee should be charbad BY those au
thorlzed under tho slafbtea as above
mentioned; they simply save this ca
thcrity tor Che convenience 81 tht
contracting parties
nad that an Of The county judges
agree tlal, lhere being no fee saxcd !
law, thar no fee Should be rhArgeds
but n i n~ewlFemade groom Wishes e
give anything fur crlormlng Ehg GER
emory ii ~ aecented Of course AMI
70 Il Is Nlsh the preacher; Ne muke,
NJ eharfps, but Will giadly accept j
small Rssm rs Il glft.
wifi ask the attntney general II
81 his etinilns ne shoH.d acenuut foi
Gifts OF nDnrya received on Sundays
al noon ~ inter office honts. and fe
auenlly ~ late ~ III o'clock u az. =
SO, how much should wo CHARGE
Tho oaly officer Tor which ind sta.
tute dxes q fce i3 lAe justice o. ths
peace. and ! have not inuiid ans laf
That Says be- HmaHi not Hpcket fAe tef
Tor performing marriage ceremonies
VIII MIR West tell me whore io inf
lit2 Give chapter and sefsa. nletse
County Judges hpfioFm marriage FeiI
emonlcs ae Couufy'ledges and not g.
iualiuo 81 the npicca
II such an 0nluions laAiief aietsm
should 81 correct. then iha Stounfs
Judges could refuse 10 rerlafa maf
riage cars monsesi lieg could aeed s.
contracting pnrllea G the preachers
which would certainly "a. 81 We
/ County Judges uIiee Is nu slnaeere am
the authority Il Darmtssifei not naa
aatory of ministagl3i
County Judges sometimes marry per
sons tree. stalking a milo Oat Fl fpN
after midnight. some may 8lee 3 dol
To-. come more. Should be chars
himself aud account iof ~eefemonle'
when performed igeeg NJ 20. hof
muehf
e1'het whenever tie County 3odsl
81 ans county shall he compelled 4
lnergOrm any service fQr which no foe
are Bxed by Law. he shall be entities
To- receive, therefor, she same ieea 4
may he ~ lew allowed u Dlstfie
clerks for like serftssN ind p
fees allowed Go DlsIfict CLERKS 70
such services and 10 fees fixed e
County Judges f3r Ike services an
the only authority We have fof coilee'
Hing 4 lee ~ from the stt0fney IN
eral. the supreme power Of the stat
having failed 70 DO &C.
This Is "a extraIudIclal oplulpn, J
we'll Us thar Of the attorney RaneFa'
JARRtsr TOnp