Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-04-02
RECORDER TROTTER,S ANSWER
What He Has to Say In Reply to Col.
lectOr Cooks Suit Against Him.

To-day, in the Court In General Term, the man.
damus case OF the United states ex rel. j. F. Cook
collector OF taxes, agt James NJ. Trotter recorder
OF deeds, was taken up, the return OF the rule to
show cause why respondent should not be CON-
manded to enter the reception OF a report Of tax
sales as OF March 10 instead OF March IL. having
been nxed for this morning. Mr.. H. E. Davis APP
peared for the petitioner and Mr.. W.ACook for the
respondent. The latter filed answer. The recorder
admits the law as to the validity OF instruments
dating from the time OF delivery to the ONCE denies
that the relator has conrOrmed TO the laws In
Oner1ng real estate for taxes, and also that full
and complete report OF said sale Is set forth In
ber 1908, folio 139. He admits that the collector
is charged WIN selling tne real estate ana within
port Of said sale, &C., and he denies that the re-
port In question is in all respects an accurate
port, duly certified and in full compliance with
section It's. He denies that the report was de-
livered at his ONCE at O'Clock November 10,
or that all the essentials to an immediate record
by the messenger to record the report forthwith.
He denies that 1t was contrary to law for him to
note the time OF reception at 9O5 O'Clock March
to enter 1t as Of O'Clock March 10, and his denial
TO 80 DO He says that he Is required not simply
TO perform the clerical or ministerial acts, but
TO exercise judgment and discretion not only
In the acceptance OF instruments presented for
record but also In the organization of the ONCE,
business, &C., and this Judgment and discretion
can only be limited, governed ana directed by
legislation OF Congress, and not otherwise. He
once he made no change or innovation as to the
hours, and adopted them as proper; that due
and sufficient notice has been given as
hours 8 am. to pm. Saturdays, am. to 8 p.
m.," and the other side with tho word "Closed.
That an employe OF the ONCE has been assigned
the duty OF reversing this card. He states when
the messenger appeared on the 10th the word
"Closed' was displayed, and he submits afhdavits
showing saaS Ine MESSENGER was notified the once
and left the report after he had been informed
that IL would be entered with Mondays work
that no fees were estimated for the recording OF
the report. He further states that It Is not all
papers which are required shall be recorded; that
the "report" is defective as respects description
TO be entitled to record at ali, ana it l. Of
value il is Of as much marked on the 18th as il
would be on the 10th, and the demand Of the CON-
mlssloners Is wholly unimportant, and II granted
would be OF value TO no one. He further says that
sos q 81 eas sh no
writings thereon.
In the course Of his argument, Mr.. Davis con.
once to Be open from sun to sun, ana that n.
He instanced the closing Of the ofice on Wednss.
II: Cook proceeded 70 read authorities to sus.
tain his position
A dispatch has been received Ct Ottawa nom
LORD salisbury conveying the thanks OF heI
majesty's government 70 the iishefies plenipoton.
aaries for ne way they conducted the Waning.
the stats executive board OF Nassachusetss
Knights OF Labor has issued call tor 3 state con
venuon OF the organization 70 % held In Dcseof
AZ Aadison, Ind, Friday, the boiler In Payns
Johnson 9 co.'s mourning mil exploded, kflling n
ssoos njaSs Glars. i az a IoH
President Gray, OF the Hide and Lealher Bank
Y Chicaga csniss thar Lamosrt ms, ninisssr z