Franklin County v. Barnes

Citations

• 68 Wash. 488
• 123 P. 779
• 1912 Wash. LEXIS 1319

Syllabus

<p>Counties — County Officers — Salary—Clerk of Court — Fees— Title to Naturalization Fees. One-half of the naturalization fees paid to a salaried county clerk, under 34 U. S. Stat. 596, and authorized by the act to be retained by the clerk for his own use, belong to the county and must be accounted for by the clerk, under Const., art. 11, §§ 5 and 8, requiring the legislature to regulate their compensation, provide for strict accountability by them for all fees collected, and fix their compensation by salaries, and Rem. & Bal. Code, § 4065, providing a salary which shall be full compensation for all services, § 4066, requiring salaried officers to collect and pay into the county treasury all fees now or hereafter allowed by law, paid, or chargeable, and § 4073, to the same effect and prohibiting the retention to his own use or profit of any sum paid him in his office or by virtue of his office, by virtue of the laws of this state or of the United States.</p> <p>Counties- — -County Officers — Salary-—Statutes — Construction —State and Federal Conflict. The United States statute, 34 U. S. Stat. 596, authorizing clerks of state courts to retain one-half of the naturalization fees paid to them, does not conflict with the state constitution and laws providing a salary for county officers which shall be in full compensation for their services, and providing that all such fees received shall be the property of the county and paid into the county treasury; since the fees are paid for acts done in official capacity, and the Federal act evinces no purpose to interfere with the disposition of the clerk’s fees as between him and the state.</p>