The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-10-23
TWO COUNTY OFFICERS WIN AND
TWO LOSE IN FAMOUS FEE CASES

laws of 1887. The first provision as
tn certifying to deeds by the auditor
was section Al, chapter 1872 of the
laws of 1890. and this provided that
the auditor should retain said fees.
Under chapter 80 of the laws Of 1891
tain said fee. Chapter 126 of the
laws of 1897 provided that the au-
dit"r should v said fees into the
county treasury. Chapter 1S5 of the
laws of 1882 provided that he should
retain same up to the maximum SAL
AIRY allowed Ivy law. Chapter Sc of
the laws of 1899 provided a maximum
salary of $4,000 per year. There was
no repeating clause on that enact
ment: consequently i'll my opinion.
under this law the county auditor
could retain the fee received for GER
tifying deeds. provided the same. adj
ded to the specific salary provided
for. did not exceed $4,000 in any one
year Chapter LA of the laws of
1901 provided for the retention of
said fees absolutely, and chapter 219
of the laws OF 1907 was to the same
effect. The above chapter PIG was
March 10. 1907. chapter 20 of the
laws of 1907 was approved. which act
provided for the salary of county au-
ditorS. and the last clause reads as
follows: "All moneys received as
fees for certifying to abstracts or
deeds in excess Of the salary as linn
ited by this article shall be paid by
the county auditor at the end Of each
month into the revenue fund of the
county," The above mentioned chap
ter 20 increased the maximum COM
pensation of county auditors from
$1,000 to $4,000.
hnH-h 1naY, Jn111a % ~, S1t.
statute so as to give any meaning
whatever to the last clause thereof as
above quoted by constituting the words
the salary as limited by this arti-
Gle to mean his salary Gin the case
Of the treasurer of Sargent county
$500 per mum, l think) as limit
ed by this article and the article
the" and not the pronoun his" pre-
ceding the word salary" has led me
to the conclusion that the words the
salary as limited by this article
should be construed as meaning the
maximum salary as limited by this
article.
If my construction of the above
statute is correct. the demurrer to
the answer interposed in this action
should be overruled, and it is so or
dered.
County Treasurer.
Fees for Collection of School Land
Money! find in the statute no pro-
vision for keeping account of such
fees. nor do l find my fund in which
the same should be deposited. or to
which the same should he credited,
and in view of the act of the giving
of an additional bond to Identify
the state ana not the county. and in
consideration aS Of this being a sep
arate duty imposed by the state au-
thorities and Of absolutely no inter.
est to the county authorities, my con.
struction Of section 259s Of the re-
vtsed codes is that the country treas.
urer Is entitled to retain the above
fees in addition t the salary as fixed
by the valuation Of taxable property
within his county.
Fees on Court House Bonds.-Sec-
ton 2570 Of the revised codes allow
ing one per cent on bond sales was
passed in 1889 when the treasurer's
salary was controlled by section 632
and the following sections Of the COM
piled laws Of 1889. AS chapter So Of
the session laws Of that year repeal.
ed all inconsistent and conflicting
acts and consequently in my opinion
section 2570 was thereby repealed,
and consequently the county treasurer
would not be entitled to the percen-
tage named in section 2570, but the
proceeds Of bond sales would come
under the general provisions Of sec
ton 259S. Consequently my finding
is in favor Of the defendant as to
ey and in favor Of the plaintiff as to
commissions on court house bonds.
Yours truly,
-Frank p. Allen.