East Oregonian : E.O. (Pendleton, OR) 1888-current, 1913-05-10
URGES THAT QUESTION OF KEEPING
FEES FOR CERTIFIED COPIES OF
RECORDS Be SETTLED IN COURTS

court yesterday afternoon, ]. II. Will
son of Corvallis. attorney and ac-
countant who has just completed ex-
perting the books of the county Off
GERS, brings up again the question as
TO whether or not the county clerk
has the legal right to retain fees for
certified copies of records furnished
to private parties. He quotes the
law by which Frank Sailing. the pres
ent incumbent, justifies his action,
and other laws and opinions which
are opposed and he suggests that the
county court take some action to bring
the matter to an issue before the
courts.
II do not find any entries on the
clerks fee book for copies of records
furnished to private parties" the re-
port reads. an the several counties
where / have recently examined the
officers books some of the clerks de-
post for all copies made, and some do
not. The recorder, Mr.. Burroughs,
has deposited for copies of the rec
ord made by him The clerk says he
follows section 1895 of Lords Code
(Sec. Laws l901) which provides
the manner in which officers salaries
shall be paid and which says that no
one of such officials shall be entitled
to any fee or compensation for his
services other than as provided in the
salary bills and except as hereinafter
provided-but shall be entitled to re-
tain compensation for furnishing to
private parties copies of the record
and files at 10 cents a folio, but not
for authenticating the same"
"The attorney general however, in
an opinion delivered on this subject
has very positively held that all fees
collected by all officers who receive
salary shall be paid into the treas
ury for the use of the county, and he
quotes a decision of the oregon su-
preme court upholding this view of
the question. He says, in effect that
the passage Of the salary laws, have
repealed that portion of the law, men
toned above, and under which the
clerk claims the right to retain the
fees for making copies for private
parties
Further Provisions of the Code.
Section 3123-Fees Recorders and
Clerks in Counties less than Fifty
Thousand:
In every county of the state of Or
egon containing less than fifty thou
sand inhabitants there shall be exact
ed and collected by the recorder OF
conveyances, or county clerk, If there
be no recorder Of conveyances, for
the bencfit of such county, the follow
inc fees and no more for the follow
ing purposes and services, namely;
For recording any trust deed,
etc. -(enumerates certain fees).
.. For entering and attesting sat-
isfaction assignment or release on
the margin of the record of any me-
chanics lien. real estate or chattel
mortgage. or other instrument, twen-
ty-five cents.
g. For filing and making the en-
try of any transcript of Judgment IN
the judgment lien docket, $l.OO.
4. For furnishing private parties
copies of records and files, for each
folio ten cents, and for each official
certificate thereto, twenty-five cents
S. For entering the record of ev-
cry declaration of intention to be-
come a citizen of the United States,
etc.
claws 1905, Page 9O)
Section 1924. Such Fees to Be
Collected in Advance.
The fees designated in section 1928
shall be collected in advance from the
person requesting the service of the
officer, and none of the services
therein mentioned shall be rendered
until the fee therefor has been paid
to and received by the officer;and said
officer shall enter an account of the
fees provided for by this act in books
kept in his office, and pay all such
fees to the treasurer of the proper
county each day for the use and bene-
fit of such county. o.. 1903, Speclal
SESSION.
This latter statute seems to re-
peal by implication the part of section
1895 Lords Code, relied upon by the
clerk. The statue above mentioned
contains much instruction for the
clerk, it relates to matters exclusively
confined to the clerks office, and
viewed in that light it would seem
that such is the law.
"Inasmuch as there has been con-
siderable confusion throughout the
state over these statutes, some clerks
state over these statutes, some clerks
and their advisers interpreting the
law one way and some another.
1t would seem proper for the county
to submit the question to the district
attorney for an opinion, or else as
cerain fee which the clerk has earn
ed in furnishing copies of the records
TO private parties, and sue to recov-
er. In that way the matter could be
brought before the circuit judge and
If necessary the supreme court"
other than the practice of retain
ing such fees, the expert has no crit
icism to make of the county clerks
books. He finds that during the year
1911, the clerk earned, received and
deposited with the treasurer $376S.6O
and in the year 1921 $S5S5.20. For
the year 1912 he received $3710 for
hunting and fishing licenses and the
money was turned over to the state
treasurer. He has collected $125 on