State ex rel. Atchison v. Dawson

The opinion of the court was delivered by

West, J.:

This action to compel the attorney-general, to pay over to the state treasurer a certain fee presents one question: Can that officer, for services during the present term, retain, in addition to his salary, a fee adj udged and paid to him in a contempt proceeding under the prohibitory law ?

Section 6 of chapter 488 of the Laws of 1905 (Gen. Stat. 1909, § 9007), like section 6 of chapter 181 of the Laws of 1891; fixed the salary at $2500. Section 16 of chapter 181 required all fees received by any of the salaried officers mentioned in the act to…