The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-07-29
FEES and SALARY
Attorney General Office Throws
Light on New Law.
Rights of Sheriffs and Probate
Judges Defined.

Fees collected by probate judges
and sheriffs under the fee and salary
law. of 1913, were defined today by
S. NJ. Hawkes., assistant attorney
general, in letter to Oscar SchmitZ,
county attorney of WabaunSee coun-
ty. The opinion was in response to
n request from Schnaitz and members
of the WabaunSee county board con-
ficialS may retain.
The Hawkes. ruling makes clear the
fee and salary law as applied to
sheriffs and probate judges and is OF
concern in every section CT the state.
Fee Issue in Detail.
In his letter Judge Hawkes. decides
the fee issue as follows:
First: The probate judge, both un-
der the 1913 law and prior thereto
should account for fees in injunction
cases.
Second: He should also account for
fees in habeas corpus cases under
both laws.
Third: Under section 2160 he is en-
titled to a fee of 81 for examining the
books of the county treasurer and was
not required to account for this under
either law.
Fourth: He is entitled to retain
fees received for furnishing list of as
sessable estates to the several asses
SorS under both laws.
Fifth: He is entitled to retain fees
as judge of the juvenile court under
DOIn laws
(c). Moneys due from the probate
judge to the county should be re-
covered within three years after the
cause of action arises, but if by fraud
moneys are retained, an action can
be brought within two years after
the recovery of the fraud.
Cd. County commissioners can re-
cover money drawn from the county
treasurer on warrants Illegally issued
and the same statute of limitations
will apply as in &C. above.
(e). In my opinion, it was not legal
for the probate judge under the law
in force prior to 1913 to let his fee
collections run down to the minimum
and draw balance of his salary after
the maximum and then the following
year collect the amounts above his
regular salary and share equally with
the county in such excess.
In my opinion that portion of Sec
ton 1863 of the general statutes of
1909 following the schedule of annual
allowances which reads as follows:
And if in any one year the fees
collected" etc, the word in should
be construed as being equivalent to
the word for and that this section
means that wherever the fees for one
year are collected by the probate
judge the aggregate of those fees eX-
coed the maximum amount contained
in the schedule, he must account for
only one half of such excess whether
cOllected before or AFTER the Tune or
his settlement with the county COM
miSsioners.
Two questions are asked in regard
to sheriff's fees and / answer:
I. The sheriff neither under the
old law nor under the law Of 1918
was entitled to extra compensation
in serving papers in executing requis5-
ton from the governor beyond the
limitations of the state. The old law
entitled him to $500 per day and
necessary transportation and board for
himself and prisoner, and the law of
1913 allows the sheriff while serving
under requisition his necessary trans
portation and board actually paid ont
for himself and prisoner.
2. Fees received by the sheriff for
serving writs from other counties must
be accounted for by him as we'll as for
services of writs issued within his
own county.