The Shasta courier., 1858-03-06
SHASTA COURIER.
SATURDAY MORNING, MARCH 6. 1858.
Illegal Warrants.


respects to an article which appeared in the
Republican of the 10th Feb, relative to illegal
warrants, but prevented from so doing by
our failure to obtain, in time, certain facts and
and figures. As they in our possession now
however, we will proceed to them. The
following paragraphs taken from the Repub-
Ecans article:
We have lately heard good deal of street
talk about illegal warrants drawn on Shasta
County. II is said that large amount of the
$4,000 of accounts allowed since the lst Feb
ruary last was for illegal fees in criminal cases
charged by the present Clerk and his predeces-
sor Lest fair minded citizens might be imposed
upon by these spiteful and evil intended asser-
tions we have taken a look at the records, and
will give few figures.
Since the 26th day of November, 1856, the
total amount of warrants issued to the present
County Clerk and his predecessor is S3,s0l 4 5.
This sum includes of fees in criminal cases
claimed to be illegal, the accounts for which
have been allowed since January Is, 1857, the
sum of 1927 25. Granting, then, all the carpers
claim in the way of the law and the right of the
matter, and we find that the thousands of dol
lars of illegal fees with which the Clerk is ac-
cnsed of swelling the county debt of the past
year dwindles down to the small sum of S225 27
1t may be remarked that the last of this was
audited by the present Board of Supervisors.
Now we, also, through friend, 81 have taken
d look at the records, and will give few fig
dres.n First, however, we will quote from the
Act of April TO- 1855, to regulate fees in office,
Woods Digest, page 49, just to show what
fees are allowed the clerk for doing certain
things. Under;the head of ''Fees of Clerk of
District Court" latter part of section fifth, we
hnd the following:
1" When the District Court is sitting
as court OF criminal jurisdiction, he shall re-
ceive for the trial of each issne, where the
charge is felony, five dollars For the trial of
each issue. where the charge is misdemeanor,
three dollars. He shall receive no other fee
for any seroice ,chateUer in criminal action or
proceeding, except for copies of papers, for each
folio, forty cents"
On the opposite page, 43s, we find under the
head of " Fees of clerk of court of sessions. y
the following
Sec. T. The clerk shall receive the same
fees as are allowed the clerk of the district
court in criminal cases.
Thus it will be seen that in no case is the
clerk permitted to charge more than five dollars
for each in the District Court or Court of
Sessions, where the charge is felony, and three
dollars where the chargers misdemeanor The
reader will bear this in mind whsle examining
she Hems and figures of the ensuing described
warrants-the same which the Board of Super
7isors have ordered the Treasurer not to pay
antil further actien has been had in regard to
them:
Warrant No. 447, Dec. &c, 1855, issued to W.
s. jenkins, for fees clerk of the court of ses-
sions and district court as follows: fop swearing
jurors, opening and adjourning court, &C., S269
05.
No. 51S, JAM 10, 1856, to W S. Jenkins for
fees as clerk of the court of sessions and district
court, S2IO 50.
No. 56l, Feb. 2Sth, 1856, to w S. Jenkins.
fees as clerk of the cour, Of sessions and district
court, 1924 90.
Not one cent of the foregoing amounts is le-
gally chargeable to the county, if we read the
law aright-not one cent. 1t is all ilegaLtbe
whole eight hundred dollars and upwards
No. AS, Dec 81, 1855, issued to W. S. Jen-
kins as auditor, for Issuing and recording war
rants, $500.
There is no law authorizing the clerk to charge
the county for issuing and recording war
rants" This, too, is wholly illegal--ev.ry dol
lar Of it,
No. 647, March, 1856, for one months salary
as clerk of the board of supervisors, S25. and
fees in criminal cases, S2SS 10.
No. III, in favor of w. S. Jenkins for fees as |
clerk of the court of sessions March term. |
1856, S2s5 S5.
ofthese two sums $25 is legal--the greater
portion of the remainder must be illegal, be-
cause the sum of S54S 95, the amount remain
ing after the of S25 is deducted, would, |
even though each case was charge of felony,
pay all the clerks fees for upwards of one hun
dred casesl Were there anything like that
number of persons tried at the March term of
1867 We venture the assertion that there
were not over twelve, costing. at the outside. |
the sum OF S60-leaving about $500 of the two
warrants illegal
with the facts looking him in the face, that
tue clerk can make no legal charge against the |
county Tor issuing and recording warrants" /
'hat the law does not allow him fees as clerk
OF the court of sessions and district COURT ex-
cept three or five dollars in each criminal case
we say, with these facts lootng him in the
lace the reader will peruse the foregoing and
succeeding described warrants with astonish-
ment:
No. I22, in favor of W. S. Jenkins for fees as /
auditor, in issuing and recording warrants, and
making certificates for jurors to March 10Th. I
1856, $l62.
No. s5s, to w. s. Jenkins, for fees as clerk of
the district court and court of sessions for Aprl
term, and as auditor, April 81, 1856. S2I4.
No, 95l, to W. 5. Jenkins, for fees in criminal
eases, to May 9th, S6;.
No. 953, in favor of W s Jenkins. for one
months salary as auditor, $50 for one months
salary as clerk of board of supervisors. S25
eranserlong an supervisors record, May 9Th, 1856.
wasn't this rather pling it on and rubbing it
in-charging the county salary as clerk of the
board, and then charging again for the work
done
No l42, to W. S. Jenkins. for issuino and re-
coruing 100 warrants, and making 1873 certi6.
Gates to jurors, Sl93 25
No. p, June 26, 1856, in favor of ". s. len.
kins, Tor sundry fees in criminal cases. at lime
serm ofcourt of sessions, S2I2 so.
Two hundred and twelve dollars. at ono torn,
nr ices IN criminal casesi According to this
'nere must have been upwards of forty men tried