The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-12-02
ILLEGAL FEES.

If WIS Il COIuIlOh I'LL
of having made SIC, DOB per year and the
clerks, or prothonotaries OF the courts
gathered in from $4,000 to $4,000 dur
ing the same period. These immense an
comes were not composed wholly OF legal
fees. for it was well known among the law
vers and their suffering clients, that at
least one half OF those revenues were de-
rived from moneys taxed and collected
without any authority OF law. The law
yers were not ignorant OF the illegal ex'
actions made by those, and other oflcers
connected with the administration OF JUS
tice. but as the corrupt system had been
c~ountenanced so long by Their. predecessors,
they did not have the courage to protest
against it. 1t is to be presumed, now
ever. if they individually, had been COM
PEELED to pay the illegal fees demanded,
that the system would have been destroyed
and the incumbents OF those offices, in
stead of retiring with ill-gotten fortunes,
would have been escorted to the peniten-
tiary to the tune OF the rogue's march.
The difficulties in the way of successfully
breaking up any long established corrupt
system are greater than most people mag
inc. Especially is this the case in the courts.
because, first, the judges have so long, like
tho lawyers, tolerated illegal practices by
their su~bordinates, and, second, they are
thrown into such intimate associations
with such officers that they entertain sym
pathies for them, and prejudices in their IA
vOr. 50 strong as to render it almost inn
possible t O convince them OF the enormity
OF the offense. Some years ago one OF our
prominent lawyers enjoyed a large and luc-
rative practice in a large city in the East.
During that time a reform wave was rolled
over the Atlantic metropolises, and in his
city a meeting OF lawyers was held, repre-
s%enting a bar containing l 200 active prac-
titioners. The meeting was very largely at
tended. The subject OF illegal fees, and
the means to prevent their further imposi-
ton. was the principal topic under consid-
Grafton. There was Il unanimity OF senti-
ment manifested in favor OF taking imme-
date steps to break up the corrupt system.
Committees, composed OF the most promi-
nent members, were appointed to represent
the association. and one OF the ablest coun
sci in the city was retained to prosecute
anv or all infractions OF the law by public
officers in demanding OF receiving illegal
fees. A case soon after occurred, in which
our informant was counsel. He, believing
that his colleagues were sincere in their pro-
f%essions, and that they had jointly
resolved to destroy the iniqnitous custom,
at once determined to make his a test case.
He had issued a writ of feri Mcias and di.
rected the sheriff to levy on and sell the stock
OF a small farm, contiguous to the city. to
satisfy his clients judgment. He found
that, through the c%onnivance OF the clerk,
another writ issued subsequent to his had
been ante-dated SO as to give it q prior lien
on the fund. His client informed him that
the stock levied on would realize, at public
sale, more than double the amount OF both
writs. The sale, conducted by a deputy,
was returned as realizing over 5000 less
than the amount required to satisfy both
writs. By the counsel's advice, fortunate
ly, his client kept a correct account OF the
sale and his memorandum called for $3.50
more than that returned by the deputy
sheriff. He filed a petition in court for the
al " u III OIAVCI, DIS UulS WAS HIS OILY
remedy under the statute. Testimony was
taken and at the end OF six months the
court deposed the officer, and the sheriff
paid the money, wrongfully detained, into
court. The deposed deputy afterwards
acted as a runner for the sheriff until the
end Of his term, and actually received all
the fees, legal or otherwise, collected by the
deputy appointed in his place. This is not
all, for the gentleman found the greatest
difficulty, throughout the whole of that
sheriff's term, in having his business prop
erly attended to. This was the only at
tempt made to break up the system. The
other lawyers, great and small, concluded
that it was better to have their clients
tieeced than to incur the sheriff's displeas-
ure.
This system Of extortion prevails, to a
greater or less extent, all over tine land.
in this Territory, and som not
very far from Butte, are common, charging
public officers with collecting for their SER
vices fees in excess of those prescribed by
1t is hard enough. deal knows, for
a man to be forced into litigation to pros
ecute or defend his rights, but when COM
PEELED to submit to extortion it becomes a
OF intense a%ggravation. How is this
thing to be prevented? This is a question
more difficult than one would suppose.
Layman may say that in such cases the
law ought to be enforced. Yes, but who
among those who have been defrauded,
has had the moral courage to make a com.
plaint against Il public officer exactiny
Illegal fees from him? The courts take cog
alzance only OF such infractions of the laws
are presented to them by complaints or
Indictments by grand %juries. The lawyers
lave shown no inclination to stand bv
heir clients, when they have been robbed
~ lee tends. There is then only one
'emedy, and that is to require every officer
collecting fees from a suffer to make ont
lno deliver a bill OF particulars. showing
he nature and character OF his charges.
ought to be compelled to do this
y their clients. 1t is indeed remarkable
nat men who are so particular to demand
temlzed bills before paying other claims
galnst them, persist in paying costs with
ut knowing what they are for. All have
ne right to demand bills of costs before
aging them. and therefore if the PEOPLE de. ,
re to break up the system Of CHARGING
legal lees they must demand itemiz,d g
counts.
OUR Republican friends have finally scored
victory. This must be very consoling to
nem, Tor they nave been thrashed nm.
for over q va.r ,o,