{
  "id": 1517137,
  "name": "Keeling v. Searcy County",
  "name_abbreviation": "Keeling v. Searcy County",
  "decision_date": "1908-12-14",
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    "judges": [],
    "parties": [
      "Keeling v. Searcy County."
    ],
    "opinions": [
      {
        "text": "Battue, J.\nSection one of an act entitled \u201cAn act to fix the salaries of the clerk, sheriff, and assessor of Searcy County,\u201d approved April 19, 1905, provides as follows:\n\u201cThat the fees and salary of the clerk of the circuit court of S'earcy County, Arkansas, shall not exceed the sum of fifteen hundred dollars ($1,500) per annum, and out of this sum he shall pay all necessary deputies and assistants, and the said sum of fifteen hundred dollars ($1,500) shall be full compensation for all work and services of said clerk that he is now and may hereafter be required by law to perform as clerk of the circuit court, ex-officio clerk of the county and probate courts, and recorder of said county, and for all other official work.\u201d\nThis act was afterwards amended by an act approved May 22, 1907, by increasing the clerk\u2019s salary to eighteen hundred dollars. Acts of 1907, page 845.\nAn act of Congress approved March 11, 1902, provided, in part, as follows: \u201cThat hereafter all proof, affidavits, and oaths of any kind whatsoever, required to be made by applicants and entrymen under the homestead, pre-emption, timber-culture, desert-land, and timber and stone acts, may, in addition to those now authorized to take such affidavits, proofs, and oaths, be made before any United States commissioner, or commissioner of the court exercising Federal jurisdiction in the territory, or before the judge or clerk of any court of record in the land district in which the lands are situated. ****** * * That the fees for entries and final proofs, when made before any other officer than the register and receiver, shall be as follows:\n\u201cFor each affidavit, twenty-five cents.\n\u201cFor each deposition of claimant or witness, when not prepared by the officer, twenty-five cents.\n\u201cFor each deposition of claimant' or witness prepared by the officer, one dollar,\u201d etc.\nUnder this act of Congress, Hosea Keeling, in his capacity of clerk of the circuit court and ex-officio clerk of the county and probate courts of Searcy County,, in the State of Arkansas, took 66 affidavits at 25 cents each________________________$ 16.50 and 447 depositions of claimants and witnesses prepared by. himself at $1.00 each_____________________________447.00\nTotal\u2019----------------------------------$463.50\nIs he entitled to this sum in addition to the salary allowed him by the acts of the General Assembly of the State of Arkansas ? After providing that the salary specified \u201cshall be full compensation for all work and services of said clerk that he is now or may hereafter be required to perform as clerk of the circuit court, ex-officio clerk of the county and probate courts, and recorder of said county,\u201d to prevent any other official services being left out, it adds, \u201cand for all other official work.\u201d This language embraces every fee or emolument accruing to the clerk by reason of his official capacity, and allows the withholding of none. It includes every fee that was earned by him in his official capacity. Finley v. Territory, 73 Pac.. 273; Rhea v. Board of County Commissioners, 88 Pac. 89; Hasslet v. Holt Co., 71 N. W. Rep. 717.\nThe $463.50 was collected by Keeling as clerk for \u201cofficial work\u201d done by him, and he is not. entitled to hold it in addition to the salary fixed by law, and should account for the sum in the manner prescribed by the statute.\nJudgment affirmed.",
        "type": "majority",
        "author": "Battue, J."
      }
    ],
    "attorneys": [
      "Bratton & Bratton, for appellant.",
      "Rose, Hemingway, Cantrell & Loughborough, for appellee."
    ],
    "corrections": "",
    "head_matter": "Keeling v. Searcy County.\nOpinion delivered December 14, 1908.\nClerks \u2014 fixed salary \u2014 right to withhold pees. \u2014 The act of April 19, 1905, providing that the clerk of the circuit court of Searcy County shall receive a salary of $1,500, which \u201cshall be full compensation for all work and services of said clerk that, he is now or may hereafter be required by law to perform, * * * * and for all other official work,\u201d embraces every fee or emolument accruing to the clerk by reason of his official capacity, including fees for services rendered by him in his official capacity under the act of Congress of March 11, 1902.\nAppeal from Searcy Circuit Court; Brice B. Hudgins, Judge;\naffirmed.\nBratton & Bratton, for appellant.\nThe fees sought to be retained by the clerk in this case are authorized under an act of Congress, but he is not required by law to perform these services, as is specified in the act of the Legislature fixing his fees. On the contrary, while he may, under the act of Congress, perform the services, yet he may lawfully decline it, and is not required to do so. If he performs the services, the fees derived therefrom are not payable into the county treasury, but are his own, in addition to the salary provided by the State statute. 15 Fed. 341; 44 Pac. 659; 32 Ark. 120; 36 Pac. 64; 64 L. R. A. 131; no U. S. 688; 21 Ct. C1-. 120.\nRose, Hemingway, Cantrell & Loughborough, for appellee.\nSee Acts 1905, p. 477. Therein, by section 1, it is provided that $1,500 shall be \u201cfull compensation for all work and services of said clerk that he is now or may hereafter be required by law to perform as clerk of the circuit court, etc., and for all other official work.\u201d' The amendatory act, Acts 1907, p. 845, section 1, simply increases his salary to $1,800. The act must be taken to mean what it says, i. e., that the salary allowed shall be full compensation for all work and services required by law to be performed by the clerk, but for all other work performed by him in his official capacity. 61 Ark. 21; 66 Ark. 30; Id. 39; 87 Pac. 628; 88 Pac. 89; 37 Pac. 627; 79 Cal. 89, 21 Pac. 554; 71 N. W. 785; 71 N. W. 717; 30 Neb. 574; 17 Neb. 73; 41 Neb. 257; 67 N. W. 311; 73 Pac. 273.; 165 U. S. 504. See, also, 32 Ark. 45; 40 Ark. 100."
  },
  "file_name": "0386-01",
  "first_page_order": 406,
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