Board of County Commissioners v. Thomas

Citations

• 92 Kan. 408
• 140 P. 849
• 1914 Kan. LEXIS 246

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pees and Salaries — District Clerk — Proper Distribution of Fees of His Office. Under the General Statutes relating to fees and salaries the clerk of the district court of Shawnee county was entitled to a salary of $3000 per year out of the fees of his office and one-half of the excess of such fees above the salary. (Gen. Stat. 1909, J 3663.) By chapter 213 of the Laws of 1901 the clerk was authorized to pay the salaries of necessary deputies and assistants out of the fees of his office not exceeding $2000 in any year, all the balance of the excess fees remaining thereafter to be paid over to the county treasurer. The general statute, except as modified by the act of 1901, was in force during the official- service of the defendant. Construing the provisions of these statutes together and in connection with the title of the act of 1901, it is held that the clerk’s salary of $3000', together with the salaries of deputies and assistants not exceeding $2000 in any year, should be deducted from the whole amount of the fees. One half of the remainder may be retained by the clerk and one-half should be paid by him to the county treasurer. By the general law the excess fees above the salary were divided between the clerk and the county. The special act does not prevent this division, but allows the deduction of the expense of office help in addition to the salary before the division is made.</p> <p>2. Same — Expense of Auditor — Improperly Charged. The expense of an audit of the books and accounts of the clerk for his benefit by accountants employed by him should not be included in the allowance provided by the act of 1901 for salaries of deputies and assistants.</p> <p>3. Same — Interest on Balances. The county is entitled to interest upon balances of fees due from the clerk.</p> <p>4. Same — Ambiguity in Statement of Fact. An ambiguity appearing in the agreed statement of facts concerning a specified item, it is directed that the item s