The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-12-06
COUNTY CLERkS'PLAN
Amendments to Law Proposed
BY Their Convention.
PUBLIC ADMINISTRATORS NEEDED
MANY Changes In system Of Collecting
and Paying Fees-Sew Eseheat
Law Needed.


the next legislature. IL is the unanimous
opiuion OF the clerks that the lump-sum
system for fees is by ali means the best
thing that can be devised. and they rec
ommend that it be extended 10 the probate
department.
Mr.. Gordon was appointed COMMITTEES
10 act with W. A Ryan. of Pierce county,
and undertake 10 get bills through the leg
Islature Four bills have already been
urepsred. oneln reference to taxation Of
costs In criminal cases another empower
ing state and county officers TO require
bonds OF deputies, the third governing
witness and Jury fees and the fourth
amending the law in reference 10 drawing
and certifying lists OF grand and petit
jurors.
The proposed act in reference to the
duties of county clerks in relation to tax
ing costs In criminal cases provides for the
payment by the state of all costs incurred
by counties in the successful prosecution
of criminals, and Tor the entry collection
and satisfaction of judgments against
persons convicted of crimes. All claims
for fees and charges in such cases. it Is
provided, shall be verified under oath by
all persons not officers of the county. and
verify them by certificate, and all verified
claims shall be filed of record in the
causes.
In reference to the bonds of deputies
Mr.. Gordon said:
81 called the attention of the convention
TO the fact that there Is no law IN this
state requiring the county clerk TO furnish
a bond, Notwithstanding the fact that he
handles large amount of money. At one
time | was paid $4,000 in q single case.
The bond given by county clerks Is given
voluntarily on their part
The proposed act is intended to make
deputies responsible to the state for any
dereliction of duty.
1t is proposed that witnesses and jurors
have no fees nor mileage unless they re-
port their attendance at court to the clerk
at the close OF each days session, and that
no allowance of mileage shall be made ex-
cept on verified claims under oath before
the clerk of the court.
The fourth bill provides for the amend
ment of sections IS, 80 and 90 of volume
H., Hills code. in reference to grand and
petit Jurors. In all counties from the
first to the fifth class, inclusive. it is pro-
vided that the county commissioners
shall select from qualified persons on or
before the first Mocday in February. the
names of 500 persons 10 serve for the en-
suing year. In all counties from the sixth
to the twenty-ninth class 500 names shalt
be drawn from persons shown TO be quail
fed by the last assessment roll; provided,
that less number may be selected, upon
sufficient reason given. at least 200 names
TO be selected. A change IS also made In
reference to omen yenires.
Mr. Gordon says some provision should
he made regulating assignment cases.
Under the present law creditors may file
their claims with the clerk. and may pre-
cipitate an extended lawsuit in collecting
their bills, and there is no law requiring
them to pay any fee.
In the opinion of the convention fees
should be provided tor docketing cases in
change OF venue, also on appeals from JUS
tees courts, and judgments filed from
other courts to create lien, etc.
Section one of the fee bill is now in force
as TO cases begun before June 7, 1893. This
section is somewhat Anticipated and Sim
ply employs the old terms used in the
code of 1891, and fees being reduced, the
section ought to have a thorough over
hauling and readjusting 10 meet the re-
quirements of the present business. as it
will always be in use more or less as fee
schedule for miscellaneous work done by
the clerk. There is no provision in it for
remuneration for recording in journal nor
for transcript work. Fees for making
copies and for citizens papers ought also
TO be provided for. Section sos, relating
10 combinations Of sales of real estate. is q
dead letter and ought TO be repealed. The
clerk ought not to be required TO keep any
book of levies. The book is not examined
once in five years. and if any record of
sherifI7s levies is required it should be
kept by the auditor and the sheriff should
file a copy of lew with him when the
levy is made. Mr.. Gordon says:
Another nuisance and thing that has
required lots Of bother and does no ons
any good Is the judgment roll. 1t ought
- be repealed. (Seetions t46 and Az,
HiH's Code1
"In addition to the books the clerk is
now required 10 keep should be added
registry book into which should be posted
from the fee books (shat we call the cash
book) all amounts received by IN clerk TO
he held in safe keeping by him. Also
transcript book into which should be
posted from the tee book the amounts
raid to the clerk In advance for making
out transcripts for supreme court and
other transcript work, the same TO show
as a credit whenever the work is actually
performed"
great many provisions OF the probate
law require attention, many Of them relics
OF old territorial days. Perhaps the most
important is the law of esckeat. There Is
only a bare provision that when no heirs
are left and the property Is not bequeathed.
the property escheats 20 the state for the
benefit OF the school fund Of the county
whore she property lies, and Mr.. Gordon
thinks that this matter requires immediate
attention. There are today. be saws.
thousands Of dollars worth OF property
unclaimed which should be in the school
funds. The office of public administrator
should - created he thinks. for the popu-
ious counties Of the state. il not generally.
his duties extending farther Ehan those
OF special administrator requiring
/ him to s;en n and take charge Of the
effects Of deceased strangers whose rela-
tiyez are unknown; and in cases Of mur-
der, suicide or accidental death he should
receive the effects % deceased from the
coroner and take charge generally Of ali
property OF such dead person Until \ gsu-
erai administrator shall be appointed. lie
should have authority. where the casa
requires IL. 20 bury deceased and ray the
srren sss from the estate IN his hands.
Provision should also be made for taxing
fees n election contest cases Under The
present iaw. any one dlssat ned With tie
osiciag result can involve the county aud
state in costly litigation merely By SLING
MS petition in court and paying fee q 81