Ashland tidings. [volume] (Ashland, Or.) 1876-1919, 1913-02-03
BELONG TO COUNTY.
Recorder Must Account for All Fees
for Copies.

Medford, Feb. 1.-Regarding the
question of the county recorder be-
ing entitled to the proceeds from
furnishing copies of records and
files, the county court investigated
the matter yesterday and obtained
the following opinion from Prosecut-
ing Attorney Kelly:
ITO the Honorable County Court of
Jackson County.
Gentlemen: Referring to the
matter of private services now being
rendered by the county recorder of
this county to. private parties in the
furnishing such parties copies Of rec
ords and files of the county record
er's office at a compensation. of SO
per month for each party SO furn-
ished, | respectfully call attention to
Section 1923 of Vol. II of Lords
Oregon Laws, and to Section 1924
of the same volume, wherein it spe-
officially states that all copies of rec
ords and files so furnished by any
of the recorders or clerks in counties
of less than $4,000 inhabitants there
shall be exacted and collected by
such official a charge of 10 cents for
each folio, and for each official GER
tificate thereto charge of 25 cents,
and that Section 1924 specifically
charges that such fees shall be paid
in advance and that such 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
benefit of such county. This law
was passed in 1905 and is the last
enactment on the subject 1t ad-
mits of no question and is aimed
and specifically at the rem
dering of services by the county re-
corder to private persons and appro-
priating the charge for same to his
own use. Any charge under 10
cents a folio is unlawful and the
parties who have procured these ser
vices from the county recorder are
liable to the county treasurer for the
difference between the sum so paid
the county recorder and the rate at
10 cents per folio if the same can
be ascertained.
Doubtless the county recorder and
his predecessor in office have been
following the act of 1911, which per-
mitted the rendition of such services
to private persons and the appl opri-
alton OF compensation for the same
TO his own use.
IF the county recorder will refer
to Sections 1928 and 1924 he will
readily understand his duties in this
respect, as they admit of no other
Interpretation.
Respectfully submitted,
'E. E. KELLY"
When interviewed regarding the
matter. County Recorder Colvig said
that he had been simply acting upon
an old law which had been repealed
and admitted his mistake. In the
future, he added. he would most as
suredly turn over all fees for certi-
fled copies to the country treasurer.
Judge Tou Velle and Commission
ers Smith and Lever all stated that
they did not enter the controversy
in any spirit of epmity to Recorder
Colvig or any other official in the
service.
"All We are trying to do" said
Lever. "is to secure
justice. All we ask is that the Of
ficials in the court house obey the
aw. We wish to be on the friendli-
est terms with all of them, but we
will insist upon regulations being
strictly observed"
Regarding the protection of the !
county records, the members of the |
ourt said that special levy of one
lalf mill had been made for this
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