Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-11-02
Mr.. RObinsOm's Letter.

OLYMPIA, w. T., Oct. 80, 1883.
Frank I. Blodgett, ESQ.
MY DEAR SIR-I beg to acknowledge
receipt of your communication of the
29th to this office, in which you call
my attention to certain statements
contained in II letter by Francis Henry
to William Billings, as printed in cir
cular addressed to the people of
Thurston county, issued by said Bill
ings as Republican nominee for Sher-
if, in which you ask for the facts, and
replying thereto, l will say that the
Board of County Commissioners, after
an examination of the books, found
that Mr.. Billings, as collector of de-
linquent taxes for the years 1881 and
1882, collected $6l3O4 from the peo-
pie which he failed to pay into the
county treasury. They asked Mr.. B.
to pay said sum and he refused. They
then directed me to institute suit to
recover that amount, and, as it is my
custom before bringing suits, l found
Mr.. B and requested payment. He
then proposed and offered to pay
$50, provided he could get receipt
in full, covering all the years he had
held Office. This / told him had no
authority to do, but that the Commits
sioners met again in few days, and
that would present to them his pro-
position and that suit would not be
commenced until after such meeting.
This offer was made to the board and
refused, and was directed to begin
the action, which / did on May 20,
1888, just three years and twenty-nine
days after it had been outlawed. Mr..
Billings then complained that the suit
had been commenced too late to be
heard at the June term of the court !;
that an election would take place be-
fore the next term (December), and
that it had been done to injure him in
this campaign. Knowing this to be
false, and in furtherance OF personal
desire on my part to give him every
opportunity to remove this "cloud
from his official life" at the earliest
possible date, requested him to file
his answer at once, setting forth his
alleged offsets against the county /;
that would waive all time given by
statute and the rules OF court, file any
reply Immediately and stipulate that
the case might be heard ut the June
term, ard 10 this he replied, an see" )"
No attorney had appeared for him at
that time. Waiting till court met in
June, and realizing that he was taking
no steps to bring the cause to trial,
again approached him, and he inform
ed me that he could not get ready for
trial at said teps.,. then made him a
second proposition, with view Of hav-
ing the matter ended, in which l
agreed to waive jury trial; that he
should file his answer as soon there
after as his counsel could prepare it
that l should file reply ut once, and
that the case should he heard and de-
termined out of court (meaning at
Chambcrs) before the Judge at any
time, to meet the concurrence Of the
court and Mr. Billings and his coun-
sci, prior to the election, and to this he
said again, "I1l see."
This was while the June term was
in session. and on my return from the
East, the latter part of August, ]
learned from the records that Judge
Henry, as his attorney. had fled de-
murrer in the case, pleading the stat
ute OF limitations. A few weeks since
l spoke to his attorney about the de-
murrer, and ut his suggestion, we filed
written briefs, instead of oral argu-
ments. As there was no way to de.
feat this plea, the court sustained the
demurrer and rendered judgment
against Thurston county for costs in
favor of William Billings.
Neither Francis Henry nor any Other
person, to my knowledge, ever offered
TO withdraw that plea of the statute ol
Limitation. ! never heard of such al
offer until / read it in the circular en-
closed in your letter. In my judgment
Thurston county will never plead the
statute Of limitations against any mar
and no person ever thought OF SO doing
against Mr.. Billings in this suit. Du
Mr.. Henry was not required to make
such defense by demurrer. III,
could have interposed the objection a
any stage of the proceedings, and WA
therefore fully protected against sucl
n plea by the county to his alleged off
sets, and it would have been rs fatal L
the county's cause of action as was tn,
demurrer.
| IfJudge Henry intended to Say in hi
letter that an offer to withdraw sucl
plea was made to me, either person
ally or as Prosecuting Attorney, it i
wholly unwarranted and false.
should have been only too glad to hav
had it withdrawn, for l believe in IT,
! business of the county's claim and il
, the worthlessness of f'his. 1t was meal
enough for Mr.. Billings to have plea
|, the statute of limitation against pee
pie (the county,, who have SO continr
. ously honored him for more tina
twenty years, but it was more unjus
} and meaner still, for him, after securin
= iall its benefits, to seek to shift the IT
: sponsibility of such plea to an Officer
who, in the discharge of his dutie
Q had given him an opportunity to prov
;. his alleged offsets, and this, too, befol
an honorable and just judge, withou
any of the possible prejudices of
Jury. l remain, very respectfully,
J. w. ROBINSON,