The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-10-10

that chapter 20, supra, requiring such
fees to be turned into the county
treasury, was enacted by the legisla-
ture subsequent to the enactment Of
said chapter PIG, the history of he
legislation OF the subject, and ether
considerations set forth in the opinion
herewith, the requirements of chapter
70 control; and such fees belong to
the county and it is the duty of the
monthly and turn any sum in his
hands received therefor in excess Of
his salary for the month into the
county treasury.
s.. TIL provision regarding turn
ing such fees into the county treasury,
found in chapter 20, is construed to
require such fees received in excess
of the salary fixed for the class of
counties to which any particular DUN
ty belongs to be turned into the our
ty treasury, and not, as contended,
that each auditor is entitled to re-
tain such fees to an amount equaling
the salary provided for the counties
embraced in the maXimuf class.
8. While in some cases a course
Of conduct indicating a common
understanding by administrative Off
GERS as to the meaning of a statute,
when they have followed a usage
which has been acquieseed in by all
parties concerned for d long period
Of time, may be entitled to weight in
determining it's real meaning. 1t is
held, in view of the legislation on the
subject and the facts in this case, that
such understanding and usage on the
part Of auditors on a subject in which
they are personally interested and in
the face of the denial by appellant
that there has Deer such a custom or
construction of the statute on the part
Of at least some of the auditors; that
such understanding is not controlling
and would not justify the court In so
holding. -.
10. Where the policy of the legisla-
ture has been to place county officials
on a salaried basis and to turn all
fees into the county treasury, such
fees belong to the county unless the
statut- shows a clear and plain Iegis-
lative intent to grant them to the
salaried officer; and doubts should be
resolved in favor of the public.
II. A statute which deals with one
subject only will ordinarily control in
case of conflict between it and a
statute dealing with the same sub
ject only incidentally, and having some
other main object. 1872
II. The county commissioners hav-
| ing undoubtedly entertained in good
faith the opinion that the fees in ques-
ton belonged to the auditor and for
this reason having refused to order
suit brought to recover anything due
the county, this court will not assume
that when advised of the law and the
duty of the board to make an ad-
justment with the auditor that the
auditor will refuse or fail, if anything
is found due the county, to pay the
! same, or that in the event hat he
does SO refuse the board will neglect
to order the states attorney to bring
suit therefor; hence it is held that
to mandamus the board to bring suit
at this time would be premature, even
if mandamus will lie against the board
to compel such order.
(Syllabus by the court.)
Appeal from an order of the district
court of Williams county, Burr, special
judge. & #.
Reversed. Opinion of the court by
Spalding, c.. J.. .
H. w. Braatelien. states attorney.
Williston. N. D., for appellant. 5
Geo. r.. Robbins n Geo. A. Bangs,
Grand Forks, N. D., for the state as
| ISOLATION of county auditors, contra.