Omaha daily bee., 1916-02-16
SEARS APPROVES
SMITHS FEE GRAB
Judge Says Clerk May Pocket Side
Money Taken for Jobs Outside
Of His Duty.
COUNTY EMPLOYEES DO WORK

BY decision handed down Tuesday
Judge Sears gives Bob" Smith the
first round of the district court
clerks fight to pocket some $4,000
naturalization fees which he has
grabbed.
The Judge, in effect, says that II
is not necessarily the duty Of the
clerk to have naturalization work
done in his office. therefore Smith
is entitled 70 keep whatever side
money" he takes in by the extra
Job. Meanwhile employees hired to
transact the county's business and
paid by the county, have done prae-
ticaiiy all the work for which Smith
takes the money.
After hearing OF the decision members
OF the county board said Informally they
would have the case appealed to the
supreme court.
some semi-HumOrous sideliRhts.
After the decision members Of the
county board received numerous humor.
Gus proposals.
"It IL not your duty TO run restaurant
In the court house. 30 y0ti would be en-
titled 10 cop the profits II you start AZ
eating g-house and make county employees
run II" was one suggestion.
please assign a county enploye to run
a cigar store for me on the first flooi
OF the court house" was another.
"sidelines and pin money for every
body" IL likely TO become the slogan a
the court house. according to curren
discussion following the decision.
The fact that In the Broadwell insanity
free-grabbing case county officials 'lai'
down" on the naturalization-fee question
Ia also relied on by Judge Sears In hi
decision In Smiths case. Referring &
this case the opinion says:
Ghost OF Ola Case Raised.
Therefore. while Il is true that TIN
Judgment Ii silent as 10 mentioning by
name, naturalization fees the judgmen
rendered did. by relieving Broadwell fror
paying the same. Just as fully conclud
the question and the determinatio
reached was that naturalization fees ar
not fees earned by requirement OF LAY
IA which the county has an interest, bu
are fees earned outside OF duty, as re
ouired by the state and his office q
clerk OF the district court and becom'
when earned the property OF the IND
vlduRi earning the same. who only haI
pens TO be the officer"
LeRaIisea Graft.
The part Of the opinion which in effe'
authorizes employees paid by the count
10 do outside work for the enrichment Q
smith IL as follows;
.srhe authority for the hearing
naturalization cases In the district cour'
Of the state. IL that OF a permissive graz
Of mower for such purpose. II the petition
were filed the judges Of the court cou
not be required, eithelr TO hear OF d
sermlne or pass upon the questions rais'
, hv the filing Of the petition for natura
,sation. Neither could the clark Of al
diatrlot court be required 10 receive 81
. file. a naturalization petition.
n |. unauestionahly the duty OF Il
, clerk 70 collect and report all fees OF h
office received by virtpA Of his off
, that are required by his office. The que
lion IN this case II one further than tina
I can be no required 10 report fees IN
. are received ny him that are not reauir'
} by his office, that do not relate TO Al
: prescribed duty imposed upon him by 4
) laws OF the state.
I: The supreme court Of this state
; three different occasions has spoken up
thls subject. IN each instance TO the sar
: effect, and I know OF no case where
they have overruled such line OF Ftat
a rnent 90 expressed.
/
4 Marriage Fee Case.
'In the vinsonhaisr ease the jud
writing this opinion had exactly the saf
view that Is claimed 60 be the true o
+ by the resAtor. andeho decided In IN
case. But the supreme court said n
q view was an Incorrect cne. that the pow
n imposed on county judges to perfoI
marriage ceremonies IL not Of a mand
4 tory nature. but permissive only; that
% officer can perform the service or not,
y he pleasea. and that consequently I
county had no interest In the maria
fee earned and could not require the OF
. Ger who performed the ceremony TO
y port tho fee therefor that was receiN
h by him"
Pats On Martyrs Robe.
ct simultaneously with the announcem'
Of Of the decision Mr. Smith assumed a nj
he tyrs robe. which for more than a w
I'd no has been airing and brushing IN
pectation of Il. He asserted that he
at being rersecuted. although n is comm
~ knowledge that he went into the cier
office nine years ago on a declarat
o that he would be content with the sail
alone. and that he himself as county
ditor had before made up the claims
.s which the county made the Zee grabb'
-" smith included, put back the insar
fees.