The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-20
Judge Hazen's Opinion.

IN MS letter, Judge f1aZcn says
Topeka, Kan, July 49, 1911.
"R. L. Thomas, Clerk of District Court,
City.
Dear Sir:-Your request in January
last to give you an opinion with ref
erence to the fees to which the clerk
of the district court of this county is
entitled has been delayed by myself
and no opinion given until this time.
but through no fault of yours.
Il have given this matter some con-
sideration and it appears that the leg.
iSlature in 1901 passed a special act
with reference to the fees and salary
of the district clerk of this county. In
1908 the legislature passed a general
fee bill and the question is whether
that general fee bill passed in 1909 re-
peals the special act of 1901. If the
special act of 1901 is not repealed by
the general fee bill of 1909 then you
would be entitled to the amount provid-
ed for in the special act, but if this
special act is repealed then you would
be entitled to the amount allowed I'M
der the general fee bill.
My understanding is that a general
act does not repeal a special act unless
it appears from the face of the general
act that it was the intention of the leg
islature to repeal the special act This
question has been before the supreme
court very recently in the case of H }.
Wilson, appellee, VS., the board of coun-
ty commissioners of Edwards county
appellant, decided on the Sth day or
this month and is decisive Of this ques-
ton in my opinion. That was q con-
troversy between the clerk or the as
trict court of Edwards county and the
board of county commissioners OF thac
county and the question was whether
the special act applicable to that coun-
~ was repealed or not and whether
the clerk was entitled to fees under
the special act or under the general
act. The supreme court held in that
re-
neal the special act and that the clerk
was entitled to fees under the special
act.
ing here and you would be entltleo 10
fees in accordance with the special acS
of 1901 This question has not oeen
free from doubt, as will appear from
the decision in which Judge West uls-
sents from the majority of the court
Hoping that my delay in giving you
an opinion with reference to this has
not Inconvenience you in any way l
reniAi"' sei' u. 7. HAzEN."
The Office of clerk of the, district
court in Shawnee county collects an
average of about $4,000 a year in fees.
Last year business ran unusually
heavy owing to much important ntlga-
ton and the fees scared above the
average. Yet Thomas Will get none o.
the pie. He must content himself with
lust what the special act provided aud
the balance will go to the county
treasury. But he says he will pay il;
and when Thomas told the story, he
smiled a smile that showed he meant
it.
"Of course I am disappointed said
Thomas TO think that the opinion is
an adverse one. To be sure 1 have
hoped that the special act was repeal
ed by the general law. But I wanted
to be certain in the matter and asked
Judge Hazen for an opinion several
months ago. Now, I will pay the
money into the county treasury
Thomas himself was not certain Just
how much that opinion Will affect his
private bank account. He entered the
office in January. 1907. For the four
years he will probably suffer a loss Of
some $500 a year, as a result of the
! Interpretation of the statute.