The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-02-12
THAT JAIL RENT QUESTION.
Colonel Hallowelrs Sta ement 10 Reporter
About His Contract With the
Commissioners,

Comm ssioHers,
An EAGLE reporter call on Colonel Hal
| lowell at his Office Yesterday. and asked
him whether he had anything IS say about
! the contract of their firm with the county
commissioners, to collect the claim OF the
county against the government for the use
of the county Jail for United States prison
ers. The colonel answered at once:
81 have no statement TO make in the ma
/ ture of defense of this office IN taking
the contract, as its conduct needs no de
Tense; it was simply matter OF business.
] But as to the action of the board of county
commissioners and what has been said
about them by my dear, dear friends of
the Beacon and by some Others, who seem
to think that the county is ruined, l may
say that section IS, chapter 50, General
Statutes of 1868. which is found in the Gen
eral Statutes Of 1889 as section 3,15i, after
providing for the incarceration Of United
States prisoners. provides that the sheriff
! shall keep the United States prisoners and
! for their subsistence he is authorized to
charge the same he receives for state
prisoners. The second proviso of the same
section fixes 81 a month as the
amount which each county IS en-
titled to receive from the
government for the use of such Jail for
each person so committed. The United
States has always paid the sheriff for the
subsistence of its prisoners and their
care, under this section; but has steadily
refused TO pay the 81 month for each
prisoner committed, as a rent for the use
of the Jail Every effort on the part Of
E L. / lot h 10
rent has heretofore met with no success,
their demands having been each time re-
fused and rejected by the auditing officers
of the government. Until 1889 there was
no way to enforce this claim, but in the
year 1889 congress passed law permitting
suits to be brought upon rejected &C
counts. The provisions of this act are
substantially, that suits may be com
menced upon rejected demands against
the government for the purpose OF test
ing the legality OF such accounts, the suits
TO be brought in the circuit court of the
United States in the different districts;
but the demands must first have been re-
lected by the auditing officers.
l have been aware of the liability of the
United States for this rent great many
eminent as United States attorney About
a year ago Hon. Eugene Hagan of Topeka,
ex-assistant United States attorney under
Mr.. ClevelanG's administration, and
/ decided to procure, if possible, contracts
with some Of the counties of the state
to collect money due them under this pro-
vision of our law, aud different counties
made agreements with Us on the same
terms as those upon which our firm took
the contract with Sedgwick county.
Ny business at Washington was princi-
pally to present these accounts to the de-
partment Of justice for allowance or
rejection, expecting that they would either
stop further trouble of the same kind by
allowing them, or that the claim would be
rejected SO we would be upon a proper
basis to commence action against the gov
eminent under the law which l have men
toned as being passed in 1889. l did pre-
sent the accounts, and they were rejected,
the department insisting that the govern
ment should not pay such rental. notwith-
standing the provision in our law Since
my return suit has been commenced for
the amount due on one of these accounts,
and am preparing petition to file in the
up the demand of Sedgwick county
against the United States.
Now, the contract with us provides that /
we shall receive nothing unless we make /
the collection, and in no event is Sedgwick
county, or other of the counties with
which Mr. Hagan or we have contracts, to (
pay a dollar either for fees or expenses
unless the collection is made; that is, we
bear all the expenses, and then receive
only the stipulated fee if we
succeed in making the collection. |
Mr. Hagan and our firm have already |
paid out about $3.50 in expenses. But if /
we obtain Judgment after fling and
prosecuting these actions, we only partici- /
pate in the benefits coming from the col :
lection of the amounts that are now due, /
but under such judgment the counties /
will continuously receive the rental of 81 !
a month for each United States prisoner
committed to their jails, as their rights |
would thereby be established and the |
government audit and allow their claims |
in the future.
do not think any respectable attorney |
would Tor a moment think of undertaking |
a task Of this kind for less per centum /
than the one specified in our contracts; |
and am also satisfied by investigating
the law that we will secure a judgment in /,
favor of the counties and against the gov
eminent, for the payment Of these &C /
counts. | believe that the county com f.
missioners did the proper thing in making (
the contract, and all the ado of individ- |
uals in regard to it is certainly for per /
sonal ends.
"What kind of time did you have dur
ing your visit at the capital, Colonies"
Il had a very pleasant time at Wash /
ington. but was glad to get back TO Wich /
tia. am thoroughly satisfied that we
have the best city in the country. Every |
one knows of Wichita; it is not necessary /!
to write Kansas when you register; they I
understand where you are from.
A BIZ RGLAhY.