, 1891-11-05
THEY GIVE REASONS
Why Court Clerk Atkinson's Salary
Was Not Paid.
The County Commissioners Return
an Answer TO the Court.
They Claim He Kept Fees and
Failed to File a Bond.

The answer in the case of Clerk of the
Court Atkinson against the board of
county commissioners was filed yester-
day.
The answer admits that Samuel Akin
son Is the duly elected. and is the acting
clerk of the district court, but denies that
he is the duly qualified clerk.
1t is denied that the clerk of the dis
trict court for the county OF Laramie Is
entitled to a salary OF 50, 900 per annum,
but alleged that said clerk Is entitled to
81, $50 per annum only.
The respondents. the county commits
%sioners, further deny that the county Of
Laramie in the state of Wyoming on the
LIST day of October, A. D., 1891 was in
debted to Samuel Atkinson in the sum OF
$500, on account of salary or for services
performed as clerk of said court, or that
said courty Of Laramie was on said date
or is now indebted to the said Samuel
Atkinson in said sum of $500, and so far
as these respondents are now convinced
they do not admit Indebtedness IL any
sum of monev whatsoever"
1t is admitted that the clerk submitted
to the board his account, claiming the
SUN of $500. and that the board have
refused to audit and allow said account,
but it is denied that the board refused to
consider the same.
1t is denied that the action OF the board
was wilful, or with the intent to cause the
clerk expense.
1t is then set up as a defense that up to
the time Of the fling of the answer Mr..
Atkinson had not complied with the or
der of the board requiring him to file a
proper bond for the proper performance
OF his duties as clerk OF the court.
The conclusion of the answer is as fol-
lows:
These respondents further allege that
the laws of the state of Wyoming re
quire the clerk of the court to return into
the county treasury all fees collected in
his Office and requiring him to collect
said fees 10 advance; that said relator has
not reported any of the fees collected by
| him for services performed by him as
district court commissioner In probate
matters and has not paid into the treas
ury OF the county of Laramie any of the
fees SO collected by him for such services,
although these respondents are in
formed and believe that the said relator
has charged and collected a large amount
OF fees for services so performed by him
| and that the said relator has absolutely
refused to make any report or return OF
said fees, but that he has alleged and
claimed to these respondents that he
would not pay any Of said ices into the
county treasury, but that he claimed TO be
entitled to hold and retain the same for
his own use and benefit, although these
respondents have demanded Of him that
he make a report showing the amount OF
SAID fees charged or collected by him and
that he pay the same into the treasury Of
Laramie county.
These respondents further allege that
at the time the bill of the relator was
presented to the board of county COM
missioners, on Oct. 5, 1891, and came
before the board for consideration, the
board considered the said bill and for the
reasons h~ereinbefore alleged, to wit: the
failure of the relator to give a new official
bond, and his failure to pay into the
county treasurer the fees collected by
him in probate matters, or to make any
report thereof to these respondents, these
respondents, without making any order
therein, allowed said bill to remain for
[ further consideration