The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-03-04
Attorney Maloney Makes Charges
Against Him.
HE is JUDGE MINERS sON-IN-LAW
Chairman Washington Refers the Matter TO
the Attorney -General-His Reply-Ex-
aminer stutesman's Report.
HERALD BUREAU,
Cor. 18th and G Streets, N. w.
WASHINGTON. ID. c.. March &

charges by Mr.. Thomas Maloney, OF
ogden, against the administration OF the
United States clerks office at that place.
Mr. Maloney's letter is dated January IS,
and is addressed to Mr.. Washington. 1t is
quite voluminous ana would fill column
OF The HERALD. He began by saying that
his purpose in writing Mr.. Washington
was to lay before him and the attorney
general of the United States, some of the
ABUSES AND GRIEVANCES
which have grown up and are being fos-
tered In that court. He first charges that
the clerk OF the court is a son-in- law of
Judge Miner, and that his appointment is
contrary to law.
The clerks bills of COSTS" he says, "are
simply enormous. He charges fees which
think are illegal and wrong" He alleges
that the clerk charges a fee of twenty-five
cents every time file of papers is taken
from the office.
Again." continues Mr. Maloney, 'the
territorial lee bill provides and allows fifty
cents for issuing an execution. but instead
OF making this charge in civil territorial
case between private individuals,
He CHARGES ONE DOLLAR
and then attaches his seal, and for this he
charges fifty cents. But before he will
issue the execution at all, he REQUIRES the
attorney demanding it to write out an
order for it, which he calls a 'precipe.' and
he then files this 'precipe' and charges
twenty-five cents, thus making the cost the
sum OF $l.'5 for an execution. Again, in
every case where issueis Joined, he charges
the sum of 80. This alleged claim,
robbery as 1 call it, is made under the
United States fee bill. Again, am told, put
for the truth of this l cannot speak posi-
lively, he charges In each case disposal
OF the sum of IS per day, when he would be
entitled to one charge for this, if he were
allowed to do so at all. Whenever a suit is
brought we are required to pay to the clerk
SO if the suit is at once dismissed and
nothing more done than the fling No in
stance can be found where a cent OF this
HAs BEEN REFUNDED.
Again, wht the court adjourns for saw
two weeks, aad there are o dozen orders
left with the clerk to be entered upon the
aO1Ourn-
ment, the system of the clerk is to string
them out and enter about one order day.
so as to cover the whole time of adjourn
ment and this is done in order to get per
diem for every day of the year if possible
THIS CHARGE CAN BE EASILY PROVEN.
Mr.. Maloney refers at some length to the
case of Hill VS.. the Union Pacific railway
company, case which evidently attracted
some attention in Ogden, to show that the
clerk was simply an agent for the railway
company. He claims that the company has
PRIVILEGES above that of every other man.
This Is not right" he says, land we hit
terly complain of it. The foregoing ara
only some of the sbuses and wrong, of
whlcn L complain and ask to be inyesti-
gated. The clerks charges are simply
enormous Our clients complain bitterly
Many OF them would let their cases On
rather than commence an action in so costlv
Il court. They would rather suffer wrong
than be cheated in such fashion. I have
nothing against the clerk personally. but 7
think it high time the authorities at Wash
ington were looking to these abuses and
CORRECTING THEM''
In conclusion Mr.. Maloney says: ..You
see at once 1t Is very embarrassing tor
US attorneys to move the court
to correct cost bill and TO reduce it, We
know FROM human nature that the iudpe
of the court aud father-in-law OF the clerk
would not like to reduce his son-in-iaw,s
costs. Whether this is true or not as a
matter Of fact we think and act upon If
and all look upon it in tnat way. You see
our EN- oarrassng situauonl Can YOU not
as chairman of the House committee on
territories, do something 10 relieve usl IF
not, can you not lay the matter before the
attorney generals! Be assured [ shjrk m
responsibility whatever. l am ready and
willing 10 prove every allegation have
made. One of Two things should be done =.
Let the President remove the Judge or
compel the judge to remove the clerk. I.iti-
giants in this court should have some re-
lief
Judge Judd will doubtless be in Wash
lngton soon, and perhaps he will give Won
some light on the situation here. | do not
wish TO impIicate Judge Judd in
THIS DIRTY MESS
here. do not wish in any way to impli-
cate him. Trusting you Will give the mat
ter herhiu contained your most serions
consideration, am very respectfully
THOMAS MALoNEY.n
MIR. Washington referred the letter to
the Encouragement, and on the day before
yesterday he received that gentleman,s re-
ply. The matter is very brief. and di-
reefs Mr.. Washington's attention to GER
tain accompanying papers, which he
encloses. There are three of these &C.
companying papers. One is a statement
from the bankers of Ogden, and another
from the lawyers of that city, testifying to
JUDGE MINERS HIGH CHARACTER
and admirable fitness for his place. The
third enclosure is letter from Special
Elk miner Statesman, of the department
OF justice, who, it will be remembered
spent several months recently in the terri
tory. The attorney general states that the
examination was made before the examiner
had noticed that any charges were pending
against Clerk Mcclure. He adds. how
ever, that it would seem that if the abuses
were so gross as those now charged by Mr..
Maloney, they would have been complained
of all the time Mr.. Statesman was there.
He also says il is quite clear that MIR. Nc
Cures case is not within the statute
against the appointment of relatives by
United States judges. Special Examiner
Statesman, writing from Grand Rapids,