The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-11-18
CLERKS FEES FOR
TAX LISTS FIXED
Supreme Court Decides One
Sum Must Cover All Extra
Copies.
MANY CASES ARE DECIDED
Officers Who Are Railway En-
ployes May Use Passes il
They Are Not Free.

Setting at rest at last the often dis
putod question of compensation 10
clerks of courts for certifying and dis
tributing lists of voters who have paid
their capitation taxes, the Supreme
Court of Appeals yesterday decided
that the fee of one half cent for each
word for copies in addition to the first
is intended to cover all copies, and it
not to apply to each Therefore, in
an opinion by Judge John A. Buchanan
tho decision of the Circuit Court Of
Rockingham county is affirmed.
d. Fl. Lee Martz, clerk of the Rock
ingham court presented a bill for GER
Trying the tax paid lists for the re-
cent election, after they had been re-
ceived from the county treasurer last
May and corrected. He wanted $3.50
for the first copy at the legal rate of
cents for each ten words, there being
1880 words. For the siXty-two addi-
tional copies he asked one-half cent
for each word for each copy, making
total of s42625, or a grand total OF
s453.75. The Board Of Supervisors al
lowed him only s34.3T for the first list
and $3.50 extra. the actual cost of
printing the additional copies The
Circuit Court. in affirming the decision
of the board. said that in full COM
pensation the supervisors had no au-
thority to pay the sum of S47.5o hut
did not rule on this as the board had
not objected to it,
Work of Officers.
1t is the duty of the treasurer five
months before the second Tuesday in
June. or before the November election
day. to make up list of those voters
who have paid their capitation taxes
six months prior to the next election.
The clerk. when this list is filed with
him by the treasurer, has to certify as
many copies as there are polling places
in the county or city, and deliver these
TO the clerk to be posted. He must
also keep ten copies in his Office for
public inspection. When the legal cor
rections have been made one copy is to
be sent to judge al each precinct and
one to the Auditor of Public Accounts
Attention is called to the fact the
treasurer is allowed only cents for
each ten words in the list. although
he must arrange the list alphabetically
and classify the white and coIored
voters. Also that the sheriff or SER
seant gets only % cents for each copy
he posts. The lower court In deciding
the case. said that while the language
used in the statute is not the best, yet
by strict grammatical construction it
should be inferred that the one-half
cent per word was TO cover all addi-
tonal copies and not each copy.
Take Best Construction.
Treating the language as ambiguous
the Supreme Court said that 1t should
consider which of two constructions
was the more Just and reasonable and
IN best harmony with the intent of
the Legislature as gathered from the
Wnoie subject. 1t is apparent. it says,
that 1t was not Intended that officers
should get more than they deserved
and that while the treasurer of Rock
ingham received only S4125 and the
sheriff only $500, the clerk claimed
s4b3.15, five or six times what his
services We're worth
1T may be true. adds the court. that
none of these officers is paid enough,
RMS, 1t believes, is true with refer
ence to treasurers and sheriffs or SER
Eeants But the Legislature has made
the law
Law as to Passes
No provision Of law is made requir-
Ing officers who are..employes of rail-
ways from tacdting their positions be-
cause they accept or use passes in
part payment for their services. ac-
sording 10 another decision of the
SQUIRT Quo warranto PROCEEDINGS were
begun in the Circuit Court of the city
u clifton Forge by the Common
Heaithss Attorney against j. A. Glea-
ION, w. 5, Taylor, T, P. Haloran and
a, n McMul!en. setting forth that
.nese parties We're employees of the
chesapeake and Ohio Railway and at
the same time Of the City Council and
that they were using free passes on
business other than the company.s, ~
eontraNention of the Constitution,
which forhids the acceptance of passes
by officers. On the stand the defend
ants denied that the passes were free.
OUT said they We're a part OF their