The weekly Butte record., 1861-02-23

Wecopy from Smiths production: "Crosette
says This bill authorizes the Prosecuting Attor-
ney to commence suit thereon after the taxes have
/ been due for thirty days. Smith says-~Ths is a
he deliberately told There is no such provision in
the bill.ii
In answer to this, we simply call attention to the
sth section of the bill, which distinctly declares
that, Eve quote the language of the bill) ''All
taxes and assessments levied and remaining un-
paid, or which remain unpaid for thirty days after
the same shall become wholly due shall be deemed
and be held to be subject to the provisions of this
act, and their payment may be enforced in like
manner as provided for the collection of delinquent
taxes under this act"
Now, is not Smith guilty of the "He deliberately
told p What was his object in thus denying the
provisions of bill he had himself drafted but to
deceive the public into its support, under the be-
lief that he would not be detected in his falsehood
until after the bill had become a law.
Again, Smith says this bill sis almost an exact
copy of the bills passed at the last session of the
Legislature for the counties Of Sacramento and
Colusa." The difference is material in relation to
both bills. The Colusa law does not allow for Dis
trict Attorney fees, great per cent. as allowed
by the bill now under consideration. (See stat of
1860 p 2ls sec. ~ ''Almost an exact copy but
differing in an essential point to him, by increasing
the District Attorneys fee. 1t differs from the Sac
ramento law in this respect: The thirty days pro-
vision of the Sacramento law applies only to taxes
levied for grading and street improvements in
the city of Sacramento (See stat. 1860, p. III ),
sec. 81 whereas in the present bill, the thirty days
provision would add the District Attorneys fees to
the unpaid taxes of the county the moment the bill
became a law. almost an exact copy but those
who have not paid their taxes already sha Il not
have the privilege of paying, without adding fee
for the District Attorney, Taxation and death ~
have long been regarded certanties by the pub
lie, but the neXorable decree of nature attached to
them is paled by the greater certainty with which
this bill secures the fees to the District Attorney
He lays great stress the "labor of pleading and
submission of proofs requisite in cases involving
small sums, as being as great as in the District
Court in a case of one thousand dollars or more"
This is but specious pleading by which he hopes to
mitigate the contemplated pundering allowed by
the bill. The bill provides what shall constitute
evidence against the defendant and what he may
plead in defence. glance at the bill will satisfy
any that the ''labor of conducting a suit under
It's provisions, would be very light for even such
contemplate swindling pettifogger as F. NJ. Smith.
He says there is now due the county about SlS
O00 Did any one disposed to favor this bill, ever
figure the cost of collecting that under its pro-
visions Supposng the sums range from 81 to
S20 the average is SIS, making about twelve hund-
red suits District Attorneys fee in each suit
s3,7j; a total of 81 800 90. The judgments are to
be docketed in the District Court, and the property
to be sold by the Sheriff, as provided for in civil
cases, each piece of property requiring a separate
notice Gf sale, (see sec. 81 and we will have twelve
hundred Sheriff sales, averaging S22 so; making
total of fees to the Prosecuting Attorney, and his
organ which backs him in the contemplated robbery
of s3l 800 90. This is only the fees OF the Prose-
cutting Attorney and his organ, for collecting slS-
600 taxes. Add to this the costs of the courts in
issuing papers and rendering Judgments the fees of
the officers in serving them, the fees of the County
Clerk in docketing judgments and issuing execu-
tons, the fees of the Sheriff for selling the property,
and the bill of costs quadruples the amount of de-
lnquent taxes, and gives an idea of the magnitude
of the swinde directed against the property of the
county for the benefit of few lazy officials, and
their parasite and tool-their organ grinder.
1t would naturally be supposed that, Prose
cutting Attorney, who could urge snch a scheme of
plunder, on the ground of public good, would
hasten to Prosecute pending suits against those
charged with public defalction, for the same rea-
son. Suppose he exhibited half the energy in pros
ecuting the pending suit against his brother boter
Peter Freer for the recovery of funds claimed to be
due the county would he not accomplish great pub
lie good and receive his fee? Can't he stand up to
the work for the public good2 or does lie prefer
plunderiug the "good public? ~ The latter seems
to have been his practice prior to his present at
tempt, and previous to his arrival in this State.
HE swINDLEs HIS BROTHER ODD FELLOWS AND Is
ANONYMOUSLY ENPELLED.
Fortunately for this community in showing the
dishonorable and swindling character of az. NJ.
Smith, District Attorney of Butte county," we
have the most satisfactory and indisputable proofs.
In the Sd vol of the journal of the Right Worthy
Grand Lodge of the Independent Order of Odd
Fellows, of the United States of America" page
1875, We find the following indisputabe record of
that worthy institution under the head of ''Erpui-
sions:" Frederick NJ. Smith, SO, defrauding
Wayne Lodge" Galen Lodge, No. SO, |. 0. O. F.
is located at Clyde, Wanye county, New York. We
have the volume containing the above before u.s.
Those of the craft in possession of the volume can
refer to it for themselves. After this evidence that
even the humane and benevolent institutions of the
country have not escaped the devastation of his
swindling transactions is there not grounds for be-
eying the statement said to have been made by the
late Mr.. Parish, upon whose estate j. NJ. Clark ad-
ministered, that in 1852, he furnished Smith with
some 81 200 worth of butter to sell on commission,
for which he never received copper. Does it not
furnish some reason for giving credence to the un-
defined rumors of rope, and an impromptu gath
ering of an outraged community which accompa-
MED his exit from Oregon?
AFTER HIS ELECTION PROSECUTING ATTORNEY,
MADAME WARNER BCILDETH HIM An OFFICE.
II is fact known to most of our citizens and H.
Illustrative of the nfamously depraved character of
F. NJ. Smith, and his utter disregard of a decent
public opinion that his patron, Mrs. Warner after
his election as Prosecuting Attorney, built him an
office into which he moved. It being the duty of
the county to furnish the District Attorney with an
Office, it considered safe speculation for her.
Something occurred, however, to interrupt these
domestic arrangements of the "District Attorney
of Butte comfy and the respectable taxpayers
of Butte were saved the disgrace Of paying
the rent of his Office directly to the proprietress of
house of ill-fame. Smith was bundled out and
the house appropriated to her own use. If Smith
has the hardhood to deny the fact we refer to his
partner, Simon Rosenbaum, Esq.