The Globe-republican., 1890-10-22
MIR. LAHEY,s REPLY.
THE GLOBE-REPUBLICAN:

Tn vour issue of the 18th inst, you ask me
70 favor Won with q reply through the col
,mrs Of the Times to your article under cap
ton. "Please Answer" By your leavel mucn
nrefer to respond through the same medium
from whence emanated the queries.
In the first place, there has not been to ex-
GOOD q dozen litigated cases on the civil dock
of dnrinc nv term of Office that has went to
;udyment and only one of those that can
now recall, that there was ever any attempt
made to enforce collection of judgment and
costs. and in that instance the judgment debt
or called for and obtained from me an item
lied bill of costs he took the same to his at
torney, paid them the amount OF Judgment
and costs and they disbursed the same to
the different parties in interest. Ana risht
here. Mr.. Editor, allow me to say, many peo-
pie seem to be under the impression that 'he
clerk of the court is by statute constituted,
empowered and invoked to collect costs anu
judgments, and that it is by and through him
the law contemplates, and that 1t is part Vi
his official duty to collect all judgments and
costs. while the facts are there is no provision
within the lids of the statutes that gives him
mower to do anything of the kind.
The law simply provides this, that the clerk
of the court may; when? why, when there is
no execution outstanding in the hands of the
sheriff, he may receive the amount OF the
Judgment and costs and receipt for the
same-that is if the sheriff is not clothed with
a process to inforce the collection of judg-
ment and cOsts-why then If the judgment
debtor voluntarily chooses to come to the
clerk and offer him the amount of the judg-
ment and costs the clerk may receive the
same but under no other conditions. Now,
then tell US how many fellows you ever sued
that was so constituted that went into law
suit, didn't believe that he was right, even II
a court of Justice said he was not. and in Or
der to further abide the judgment of the
court and to the ends of justice award, would
rush TO the clerks Office and plank down the
amount of his judgment and costs. They
generally do that, don't they: Anyone who
has ever been interested in court matters
knows that the last thing man wants to do
is to pay costs awarded against him.
The clerk is simply a ministerial officer and
will be greatful to any person who will
point out anywhere provision of law that
authorizes an officer of the court to collect
or enforce the collection of a judgment with
out invoking first the authority of the prose
cutting party ut the trial. No sir the judg-
ment creditor owns the judgment and he
only has the power to set the machine Of the
court in motion to collect the same.
In the second place as indicated by the
foregoing during my term of office. the time
of the court has been taken up in dispOsing
of the criminal docket. For years there has
been, and the records of my office will show,
the trial docket has been from three to four
with the office. Cases disposed of last term
that was commenced in 1856. Another case
has been running for years, wherein defend
ants finally prosecuted at the trial; after
wards plaintiff came with motion for new
trial and the same was granted, since which
the defendant has died. Afterwards the case
was renewed in the name of his widow, and
afterwards the defendants attorney died
regular Jaundice ard Jaundice proceedings
as shown in Dickens "Bleak House, Now
under such circumstances and conditions of
affairs Of our court can anyone conceive of
the clerk holding out on the county treasur-
er? 1 don't understand, yet can say have
deposited with the treasurer of Ford county
more stenographer's fees than has been de-
posted by any Of my predecessors combined.
And believe II the editor of the GLORE.
REPUBLICAN had looked this matter up he
would not have asked for this Information
since the county records would show at that
time what have done. And if have at any
time during my term of Office received for
disbursement and the same has not been
done, am not aware of it, and defy any man
in Ford county or out of it to truthfully say
that owe him any money as fees collected by
me. The records of this office is open for in
spection. l have so ordered my walk. con
versation and conduct during this campaign
as becomes a gentleman, and a proper repre-
sentative of the people. No one can truth
fully say that have ever cast any slurs, vitu
perations or determinations upon the conduct
or character of the candidate for clerk upon
the republican ticket-Dr. Clark-in this cam
paign, more than to call him an old bachelor
(and that is no fault of the Docs because he
amt near as good looking as am.)
Had it not been for the insinuating refiec
tions upon my official conduct in office 1
should not give your article or your innuen-
dos any public consideration. I am aware
that the republican candidates and the re-
publican central committee have control of
the editorial department of your paper for
valuable consideration, but did, sir, suppose
reserved the right to revise or restrict the
matter that went to make up the weekly gush
imposed upon your readers, but the would be
deputy clerk for the next two years who or
iginated those queries to which this is re-
Spouse, has demonstrated that you are ct the
mercy of such ghouls. He never attempted
to ascertain II there was any possibility of
any such thing being possible. that l was
guilty of malfeasance. What. then, in the
name of all that is decent, upright and hon
orable would you call the article referred to
but n cringing. cOwardly and insinuating at
tack upon public officer. But, go on with
your Chinese mode of warfare, sounding of
gongs and rafting of your "gourds." 1 will
survive all that that wOuld-be deputy clerk
can say about me, and will assure him that
one of Tom Lahey's boys, though they are
quite young yet, will come nearer holding
public Office in Ford county than he will.