The evening times., 1911-07-21
ACTION BROUGHT
TO RECOVER FEES
Newspapers Started Law Suits
By Agitation Interesting
Developments Expected

Wanpeton, July 21.-AS Z result of
considerable newspaper agitation, ac-
tens have been brought -in- SARGENT
county to recover fees collected BY
several county officers Of that county
which fees 1t is alleged have been re-
tanned illegally.
The Six defendants in the action
are the present county treasurer, C.
H. Cooper; the former treasurer Ed
b. Johnson; the present auditor, r.
+. 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 ere very small but the present
treasurer is sued for $4,000 and the
former treasurer for $500.0O. The
present auditor r. P. Irving is ask
ed to return the sum OF $4,000 and
the former auditor. Chas. Marcellus,
is csked to loosen up on $4,000.
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 g, dis
cussion. The law in many cases is
not palm and it has been the Gus
tom of most county officers in all
counties OF the state to give them
selves the benefit 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
peper agitation. The sentiment
created by certain newspapers be-
came so strong that the county COM
missioners asked States Attorney
Chas. E. Wolf Of this city to give
them an opinion on the subject, which
was done last month and which opin-
ion was published in all the papers
in Sargent county.
In the opinion of Mr.. Wolfe many
OF the fees retained by the several
county officers have been retained IL
legally and in the actions brought
it is alleged that the county is en-
titled to all fees collected by the aud
itor for certifying abstracts or deeds
in excess, of the highest salary allow
GU Wy law icc6 lOI ulllub TOWNSHIP
bonds; recording tax deeds, and maxi
in certified copies. In the case of
treasurer the county claims the COM
mission on the collection of school
funds in excess ft.the highest salary
allowed by law, commission, on bond
sales and other fees.
The Sargent county officers claim
that they ere 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 rs 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 decided against the defendants all
officers throughout the state will be
required to return such fees as it 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 it is said the officers
sued will retain the best of counsel
and doubtless the case will go to the
highest courts before it is finally
settled.