Page:Acts of Arizona 1909.djvu/64

Day of October 1907 the salaries and compensations of the officers thereof were the salaries and compensations allowed officers of second class counties.

AND WHEREAS, Paragraph 2624 of the Revised Statutes defining and fixing the compensation of the offices of Probate Judge, Ex-Officio Clerk of the Probate Court and Ex-Officio School Superintendent was and is so worded as to render its meaning ambiguous and was interpreted by said Joseph H. Godfrey so as to allow him as such Probate Judge, Ex-Officio Clerk and School Superintendent both the salaries and fees of said offices, and acting upon such construction and fully believing that he was entitled thereto he collected and retained the fees of said offices, as provided and fixed by the fee bill, and collected from the county the salaries pertaining to said offices until late in the summer of 1908 when the Board of Supervisors of said county, acting upon the advice and opinions of the District Attorney and the Attorney General, construed the statute to allow him, said incumbent, only the salaries and thereupon withheld payment of any further salary until an accounting should be had and the fees of said offices turned into the Treasury.

AND WHEREAS, the salary attached to said office, without the fees, is greatly inadequate to compensate the incumbent for the work and labor imposed upon him and is less than his compensation would be had the county remained a third class county,

AND WHEREAS, both the fees and salaries should be allowed him, NOW THEREFORE,

Section 1. That the said Joseph H. Godfrey is hereby declared to be entitled to retain all fees earned by him as such Probate Judge, Ex-Officio Clerk of the