, 1891-10-13
District Court Clerk Atkinson In
His Own Defense.
His Reasons for Holding On to the
Probate Fees.
A Hard Slap at the Chairman of
the County Board.

| IGkhIu " IA HlODatV ASNos L oucuA INV ~
give my version of the matter. The
wording of the law in regard to fees col
lected by me in probate matters is such
that l myself took it for granted that l
could not possibly do otherwise han to
turn the same over to the treasurer OF the
county at the end Of every month after
the same had been collected By me, and |
did turn the same over, as under the law
l thought | was compelled to do, until |
was informed by a number of the leading
attorneys of this state that such a law was
in conflict with the constitution, and until
such time as the question in controversy
was decided by the courts l was advised
to retain such fees pending a decision by
the proper courts.
The views of the honorable Judge Blake
of the second Judicial district coincide ex-
actly with the opinions heretofore men
toned by me as having been expressed by
a number of the leading members Of the
bar. And having heard that Judge Blake
had issued an order to his clerks authoriz-
ing them to collect and retain the fees 10
probate matters, / obtained from one OF
his clerks a true copy of said order, a part
| of which is as follows, to wit:
Third. No fees or compensation hav-
ing been provided in the said probate law
for the performance of these duties by the
clerk of the court, and the Office OF the
court commissioner not having been es-
tablished, it is therefore ordered by the
court that the following fees may be by
the clerk charged against the estates and
retained by him as compensation for the
services performed"
Section third of said order, as above set
forth, in my opinion, gives me the author
ity to retain the probate fees collected
by me.
When this matter first came before the
board of county commissioners l ap-
peared before them and showed them the
above order as my authority for acting in
the manner that l had. l also informed
them that | was ready and willing at any
time when the question was decided by
the proper courts to abide by The court
decision In the matter, and hat l was
anxious to have the matter settled as
soon as possible. The board of county
commissioners thought that they we're the
proper persons to decide the matter, and
l thought differently. The county attor-
ney, in his written opinion to the county
commissioners in regard to this matter.
among other things, says: There is
much difficulty involved in the question,
when all the sections relating to the mat
ter are taken together. (And they should
be construed In fair materia. J" | in
formed the commissioners hat pending a
decision OF the question. if they 8 o de-
sired, l would give them a bond subject
to their approval, conditioned for the
payment of probate fees, should the
same be decided against me.
Mr.. Slack, in Sundays issue Of the
Sun, informs you that l deserved castiga-
ton for attempting to hold up the tax
payers. 1 ask you as tax payers, am l
attempting. in the language Of Hon. E
n. olhCh, W ilUlu fOu uD DtCdu5t Il
ask that a question of law should be set
tied by the courts, and because | refuse
to be dictated to by the county commits
sioners, (who are not. in my opinion, as
able to interpret the law as the authori-
ties to whom | wish to refer the same),
and because | exercise the rights of an
American citizen in asking that a legal
question be settled by a court and not by
the board OF county commissioners, /
should be castigated. l don't know
whether Mr.. Slack, in using the word
castigation, means that l should be pun
ishe6 by being whipped; if he does, |
should think he would start In on it him
self instead Of melting Others to do so.
He Is certainly big enough to be able tn
accomplish such an undertaking. and has
also had experiences in such pastiues.
which would give. him ouite an advantage
IF he means that | sbould be corrected 7
am ready and willing so m he bpt I want