The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-07-22
ACTION BROUGHT
TO RECOVER FEES
NEWSPAPERS STARTED LAW
SUITS BY AoITATloN-EN.
TEREsTlNG DEVELOP
MENTs EXPECTED.

Wahpeton, July s2.-As a result Of
considerable newspaper agitation, ac-
lions have been brought in Sargent
county to recover fees collected by
several county officers of that county
which fees IL is alleged have been re-
tanned illegally.
The six defendants In the action
are the present county treasurer. G..
II. Cooper; the former treasurer Ed
B. Johnson; the present auditor. r..
p. Irving; the former auditor. Chas.
Marcellus; the present register of
deeds, E. l. Warmer, and the coun-
ty judge, S. A. Sweetman. The
amounts involved in the case of the
county judge and the register Of deeds
are very small but the present treas
urer is sued for 800 and the former
treasurer for $500. The present audi
tor, r. p. Irving is asked to return the
sum Of $1,000 and the former auditor,
Chas Marcellus, is asked to loosen up
on $1,000.
The question Of whether or not the
fees collected by the several county
officers should be turned into the
county treasury or retained by the
officer collecting the fees is one over
which there has been many a discus
sion. The law in many cases is not
plain and it has been the custom of
most county officers In all counties Of
the state to give themselves the bene-
fit of the doubt and retain such fees
as the law does not specifically state
are to be turned over to the county.
The action in Sargent county, as
is stated above is the result Of news
paper agitation. The sentiment Great
ed by certain newspapers became so
strong that the county commissioners
asked States Attorney Chas. q. Wolfe
of this city to give them an opinion on
the subject, which was done last month
and which opinion was published In all
the papers in Sargent county.
In the opinion of MIR. Wolfe many
of the fees retained by the several
county officers have been retained IL
legally and In the actions brought II
is alleged that the county Is entitled
to all fees collected by the auditor FOR
certifying abstracts or deeds in ex-
cess Of the highest salary allowed by
Iawtfi fees for filing township bonds;
recording tax deeds, and making certi-
the county claims the commission on
the collection Of school funds in ex-
cess of the highest salary allowed by
law. commission on bond sales and
other fees.
The Sargent county officers claim
that they are entitled under the law
to all fees they have retained. that
they have retained only such fees as
their predecessors kept and that they
are doing the same as other county
officers throughout the state
The fees in many counties amount
to a considerable sum Of money, in
fact in many counties the fees in
some offices have some times amount
ed to more than the salaries, so the
cases will be watched with interest
by county officers throughout the state
as doubtless should the cases be decid-
ed against the defendants all officers
throughout the state will be required
to return such fees as 1t is decided
they have retained Illegally.
Sargent county has retained States
Attorney Wolfe to assist the Sargent
county states attorney In fighting the
cases and 1t is said the counsel and
doubtless the case will go to the high
est courts before 1t is finally settled.