Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-08-21
THE DgLrEQuEHcY OF COUNTY CLERK
BERKsY.

NoUuty.
In the recent primary campaign Thomas
II. Berksy presented his name before the Re
publican party of Sacramento county fol
nomination to the Office of Sheriff. Among
the campaign rumors which gained consider
able currency was one to the effect that Mr.
Berkey was delinquent in his accounts in the
sum of 5000. The statement was made il
general terms, unaccompanied by specific de
tails, and the presumption was that if such
delinquency existed it was from moneys due
to Sacramento county. Occasionally, in the
repetition of this charge. the statement crep,
into the account that the deficiency was or
which had been collected by Bsrkey in 6
fdnciary capacity and converted by him &c
his own use. The friends and supporters Of
Mr.. Bsrkey denied these statements, and
quoted Mr.. Berkey as their authority, who i
represented as having defiantly challenged
the production of any evidence tending to
convict him Of any official irregularisy OF
misconduct
The allegations were credited to campaign
inventions aud were listened to as current
csupsignsrumors intended to affect the stand.
10 the nominations to be made by il. Mr..
Bsrkey was citizen OF large popularity,
standing high in the confidence of the com.
munity. The story of any official miscon.
duct on his part did not. therefore, find many
believers.
On the 10Th instant the Republican County
Convention met. Mr. Bsrkey's name was
presented before it for nomination to the
Office OF Sheriff Appearing before the Con.
har ofa 49, IL LII
been circulated concerning him and denounced
them as mali ,ious. li5elous and false. II
appears that the Convention accepted this
denial as true. for il gave him the nomin a.
ton for the Office of SHERIFF over one Of the
most popular, wealthy and influential citizens
OF the county, his opponent being Adolph
Heitbroa.
Thoss who believed in Mr. Berkeys in.
nocsnce expected that with his nomination
all runners concerning his deficiency would
subsiie, as having failed of their purpose
and being DO longer available in the way of
preventing his nomination. But all who en-.
tertained this charitable and benevolent view
of the situation were destined TO disappoiut.
ment. The rumors of defaucation not only
didinot subs;de, but began at once to assume
more definite form in statement, and were
move plausible 10 details of fact. In thi:
situation of affairs in the interest of truth
anu VI buDuc anu private Justice, the
RECORD UNION instituted inquiry into the
facts Of the case and presents in the follow.
ing concise and condensed statement an ex.
position of the matter.
A FULL STATEMENT OF COUNTY CLERK Der.
KEYS DEFICIENCY.
The tax levy for State taxes for the 231
and oath fiscal years was made by the State
Board Of Equalization. Tha,tBoard was sub.
sequently declared to be an uncorstitutional
body hence the levy by it fell to the ground
as invalid and uuenforcib!e. The Legislature
of 1891 legalizad the State levy and pro.
vided machinery for the collection of State
taxes hereunder.
1t should be understood that the failure of
the levy by reason of the Illegal manner in
which it was made. did not affect the tax
| levy for county purposes, and county taxes
were collected as usual, but all who believed
the State tax levy to be invalid, and chose
to do so. resisted payment of taxes.
The Legislature, to enforce ths tax, pro-
| yided by an Act passed early in 1874 that
| for the purpose of the collection of DELINQUENT
taxes the Courts of Sacramento county should
have jurisdiction IF all cases of delinquencies,
whether the delinquents resided in the county
of Sacramento or not. The law further pro.
| vided that the Controller, on behalf of the
State, should bring suits for the recovery OF
provided by law for the recovery of money
| due by reason OF contracts for the direct pay
ment of moneys. 1t provided for q penalty
of % per cent. TO be added, and 10 per cent.
interest for the time the tax was delinquent,
in the discretion of the Controller; and fur.
| Their provided that the costs of the suits
should be taxed against the delinquent tax.
payer. When judgment was obtained, the
| law provided that the money should be paid
| int, a.,l hot ~, IS
should distribute the moneys 30 obtained 10
satisfaction of judgments rendered, as fol.
lows: Ten per cent. to be paid to .he astor.
| aey of the Controller as his fees and the costs
taxed TO be distributed to the officers of the
! Court, In accordance with fees allowed them
| by law, the same as in civil actions, and the
balance to be paid to the Tax Collector oil
the county where the tax was delinc usnt,
and by said Collector paid to the County
Treasurer. From this point the money came
within the operation of the general law
which required the Treasurer to transmit.
money to the State Treasury.
70 revive the history Of this case more
strongly in the mind OF the reader, it will be
remembered that Ham. G. Harrison was
County Clerk of Sacramento county ct that
time, and it was matter of current political
| gossip that this law was passed in his interest,
| so that the Clerks fees would inure 70 his
| ptLcHt- VIZ l1bIEl5On WAS p democrat. q
| Democratic Legislature passed the law
| Democratic State and county officials would
therefore administer it. and it was charged
that, while the necessity for such an enact
ment must be admitted, the rich fees
allowed in the cases to friends we're so al
lowed as political pc, qni-ises to Democratic
Office holders. The fee of the County CLERK
in each case was $40, and under the operation
OF the law 9. IVA suits were brought at the in
stance Of the Controller ia the District Cour,
of this county, in which the Clerks fees fol
bringing these cases alone amounted to Sol.
740.
subsequently, in 1876, the Legislator,
passed an Act entitled an "Act to proven
| tie taxing Of exorbitant costs in csrtai1
cases" which provided that in all cases wher,
delinquent taxpayers came forward and set
tied their taxes without further litigation
than the commencement of action agains
them. no fees should accrue to the Count,
Clerk or any other officer. Before the pas
sage of this law many complaints had been
fled by MIR. Harrison as Clerk of Secra
mento County. Hence the law renting tn,
costs 10 the class of cases named was retro
| active In its character, and after the death Of
MIR. Harrison his heirs aud representative
came before the legislature and obtained The
passage of the relief bill, which gave to ths
widow Of the deceased clerk the sum O
$4,000.
Mr.. Berkey succeeded MIR. Harrison il The
office OF Clerk, but the harvest of suits fol-
| delinquent taxes had passed, and bu. few
| were commenced under his administration
Some, however. which had been begun wher
MIR. Harrison was Clerk, matured to iudg
ment, and the money was paid into Court
into the custody of MIR. Bsrkey, as Clerk OF
the Court-in satisfaction of these judgments
| w. b. G. Brown was the Controller hav
! ing charge Of the larger number of thess
cases. He employed Greed Raymond AND
w. W. Pendsgast as his attorneys, By whom
! the majority Of the cases were commenced
Later. however, Messrs Raymond and Pen.
degast resigned, and Hon. Presley Dunlap
of this city, was appointed by the Controlle,
| as their successor. In practice, sn attorney
for the Controller, upon obtaining Judgment
and the money in satisfaction of such iudg
meut, took receipt from the County Clerk,
which recsipt was filed with the Controller il
settlement OF accounts between the Con.
troller and his attorney. MIR. Berkey, as
Clerk OF Sacramento county, received the
money 10 satisfaction of judgments obtained
and gave to Mr.. Dunlsp his receipts for such
moneys Mr.. Dunlap in turn, having re
|eeived his ten per cent. of the judgments tc
(which he was entitled as attorney in the
leases, settled with his principal. the Con
trcller, by filing the receipts Of the County
Clerk with that officer.
4 Mr.. Browns term of ofhcs expired the 3lst
lot Deeember, 1879. He was succeeded BY
ID. NJ. kenfsld, present Controller. In clos
ing up the affairs of his administration and
introducing the new Controller To the duties
of his office, Mr.. Brown showed the receipts
of County Clerk Berkey, and Informed Mr.
keufield that Mr.. Berkey was delinquent
with the Controllers office in the sum o.
about So, 900. MIR. Brown called Mr.. Bsrke,
into the office of the Controller, in the pres
ence of his successor, Mr.. Kenfeld, and ex
planned the relation which Mr.. Bs-key sus
tanned TO the chief financial officer of tn,
State Mr.. Berkey admitted himself in
debsed to the State 10 the amount shown By
the aggregate receipts on file in the Consroll
er's office. He assured Mr.. Ken6eli thai
the monsy was on special deposit and would
be paid within five days. The receipts held
By Controller Brown and turned over to Con
A troiler kanfeld hy him rsra in data, 90