159 N.W. 393 | S.D. | 1916
On April 4, 1916, judgment was entered in this matter disbarring the accused from further practice as an attorney at Jaw in any and all of the courts of this state, and that his license as such attorney theretofore issued be canceled. In re Egan, 37 S. D. 159, 157 N. W. 310. In addition thereto the judgment contained the following paragraph:
“It is further ordered and adjudged that judgment herein enter in favor of the state of South Dakota and against the said George W. Egan in the sum of $-; the costs of this proceeding to be hereinafter taxed and inserted herein.”
The matter is now before 'us upon an application for the taxation of costs. The following is a statement of the disbursements which have been advanced and paid by Minnehaha county, the county to which said proceeding- was referred for trial:
Jerry Carlcton, sheriff’s fees, serving- papers.$ 570
A. W. Campbell, referee’s fees and expenses. 24494
A. H. Orvis, referee’s fees and expenses. 22626
Chambers Keller, referee’s fees and expenses. 31285
Miss Carlotta East, reporting and transcribing testimony, itemized as follows:
Attendance first hearing at Sioux Ealls, August
25th to 31st, inclusive....$ 6000
Mileage, Yankton to- Sioux Falls and return, two trips, 252 miles at 5c. 12 60
Original transcript 1,270 pages, 3,302 folios at 10 cents . 33°20
Copy to A. H. Orvis . 63 50
Copy to Chambers Keller . 63 50
Total . 5^9 80
Witness fees as per. schedule of names, days, and miieag-e (including “Dr. W. Ii. Rowe, of 'St. James, Minn., per agreement $100,” and including “W. A. Renner, three days, $6, 120 miles travel one way $12”)..'. 28440
Total .$1,643 95
“All costs of a reference in such proceedings, including the fees and expenses of the stenographer for taking the evidence and- making transcript thereof, shall ibe paid by the county to which such proceedings may be referred for tidal. All other disbursements made upon behalf of the prosecution in such matters shall be paid by the state of South Dakota upon an itemized statement thereof approved by the supreme court or a judge thereof.”
The last clause of section 6 of said chapter reads as follows:
“And whenever judgment is rendered against the accused*646 there may be included therein, in the discretion' of the court, as. a part thereof, a judgment in favor of the state for all necessary disbursements made on behalf of the prosecution.”
It is clear that the disbursements above specified have been made “on 'behalf of the prosecution.” It is also clear that a county is but a local subdivision of the state for governmental purposes. State v. Board, 36 S. D. 606, 156 N. W. 96. We are of the opinion that the reasonable interpretation of the clause quoted from section 6, taken in connection with section 5 of said chapter, is that a judgment may be entered against the accused for all necessary disbursements made on behalf of the prosecution, by whomsoever advanced, and that, inasmuch as all of the items sought to be taxed ini this proceeding have been advanced by-Minnehaha county, the judgment rendered “in favor of the state” will of necessity 'be for the -benefit of that county. This matter was considered in the recent decision in Re Samuel C. Polley, 159 N. W. 42, where the same conclusion was arrived 'at with reference to taxing costs against the accuser under section 6 of' said chapter.
In conclusion we are of the opinion that there should be taxed against the accused in favor- of the state for the benefit of Minne-haha county the sum of $1,643.95, less the two items of $63.50 each, and less the sum. of $95, or a total reduction of $222, making a total taxation of -$1,421.95. We are of the opinion that the order should provide that upon the filing of a receipt with the clerk of this -court from the Treasurer of Minnehaha county, showing payment of said sum, the judgment for costs should be satisfied of record.
We are further of the opinion that, if tire same is not paid •within 30 days,' execution should i-ssue, directed to the marshal of