Show FAVORS PROBATE PR FEES I County Attorney Christensen Holds Bolds That Stenographers Have flave the Charge In response to a request from County Clerk J T t U TJ Eldredge as to his right to collect a stenographers fee of ot 3 In each probate case filed in his of office office fice flee County Attorney Parley P Chris Christensen ChrIstensen Christensen has rendered an opinion in which he holds that the fee should be collected The question submitted involves the construction of section 9 chapter 72 12 session laws of 1899 Mr Christensen in his opinion says I have given this matter careful consid consideration consideration oration and while there Is room for doubt as to the meaning of this section I am of the opinion that it was the intention of or the legislature that this section should cover probate cases The question turns mainly upon the interpretation of the word case as used in the statute I consider that the application for tor appoint appointment appointment ment meat of o administrator for the probate of ofa ofa ofa a will is as clearly a case casc as the appU application application cation for the appointment of a receiver upon a bill In equity Black In his law dictionary defines the word case in inthe Inthe Inthe the following foll winS language The primary meaning of ot case Is I cause Whet When applied to legal proceedings it imports a state st t of o I facts which furnish occasion for the he ex exercise of the jurisdiction of o a court pf f justice In its generic c sense the word in includes Includes eludes all cases special or otherwise This definition will Include and does docs in include clude elude a probate proceeding as aa certainly c and clearly as It does any other action In Inlaw inlaw law Jawor or equity The law la providing for tOT a stenographer to the court entailed upon the court and the state an additional ex ox expense pense and It was the evident intention of the legislature in the statute and this thin t ls par particular particular particular section to provide in part at least for tor that additional expense In many con tested probate causes a stenographer is quite as necessary as Li In any other im important Important important case While this statute has not been passed upon by our supreme court yet it has been before a number of ot the tho district courts Judge Booth of ot the Fourth judi judicial judicial judicial cial district Judge of ot the tho Fifth judicial district and Judge Johnson of the Seventh judicial district have all nit at different times tim s construed this section and ancI each held that a a reporters fee lee should be charged and collected by the clerk cleric upon the th filing of ot a probate case cas You Tou Y u are therefore advised that It Is your duty du under this section to collect a re reporters reporters reporters porters fee of 3 in each probate case filed flIed In your our office o co coIn In response to the question Can the fee be legally collected in cases now non pending in the probate division of the district court Mr lIr Christensen said I 1 passed on that question yet because it has not been submitted to tome tome tome me When it is I will pass on It My M opinion applies to cases to be here hereafter hereafter hereafter after brought In the court c The fee of ot 3 for the pay of stenographers or reporters In probate cases has never been collected in iii Salt SaIt Lake Lale county Since Jan 1 there have hae been thirtyfour probate cases begun in the district court an average of about one every two days If It that rate is maintained they th y will number a year and the fee that it is pro proposed proposed proposed posed t to collect would aggregate a year |