POPE v. BOARD OF COM'RS OF OKLAHOMA CO

DISTRICT AND PROSECUTING ATTORNEYS. — County Attorney — Compensation. Section 1557, Rev. Laws Okla. 1910, provides: "The county attorney shall not engage in the private practice of law, but in addition to his annual salary * * * he shall receive 25 per cent. of all forfeited bonds and recognizances by him collected." Held, that this provision applies only to such bonds and recognizances collected by the county attorney as are forfeited in the manner provided by section 6110, Rev. Laws 1910.

(Syllabus by the Court.)

KANE, C. J.

This is an appeal from the action of the superior court of Oklahoma county in affirming the action of the board of county commissioners of said county in rejecting the claim of the county attorney thereof for 25 per cent. of the amount collected by him from the surety upon the official bond of James S. Powers, clerk of the county court. It is agreed between counsel that the decision in this case may follow the decision in D. K. Pope v. Board of County Com'rs. of Oklahoma County, ante, 146 P. 222, just handed down. As in that cause the judgment of the court below is affirmed, the same order will be entered herein.

The judgment of the court below is affirmed.

All the Justices concur.