The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-05-14
Amount to About $18 900 in
the Sanders Case,
is TRUE AS PRINTED
In Spite of the Shrieks OF the
Morning HOwler.
Judge FOsS1r Will Audit the
Claims.
SAYS That None but Just Claims
Will be Allowed.

The statement made in Saturday even
ings JOURNAL that the fees and expenses
which Marshal Neely could collect for
arresting and hauling Sanders industri-
al army to Topeka would amount to $751;
000-is correct
The morning sheet in its haste to con-
ceal the fact that it was scooped on the
news and also in it's efforts to smooth
matters for Mr. Neely our new Demo
cratic United States marshal, came out
Sunday morning with partial statement
of the facts in order to mislead its read
ers. 1t is true that the maximum fees Of
Marshall NeeIy's office are $4,000 every
year; it is also true that his 'texpenses"
are unlimited. The expenses is the
catch all under which MARSHAL Nicely
could get most of his $4,000.
This paper did not state that Marshal
Nicely would draw such enormous
sum from the United States treasury;
and he will scarcely do it now since pub
lie attention is directed toward the mat
ter.
Judge c. G. Foster, of the United States
district court says he does not think
Commissioner Wagener and Marshal
Neely accompanied the Missouri Pacific
special train for the arrest of Sanders
cOmmOnwealers simply for the fees the
transaction will put in their pockets.
To a STATE JOURNAL reporter this
morning Judge Foster said: s@This mat
ter-of court officials collecting excessive
fees is something in which we need
reformation.
81 am glad the JOURNAL is outspoken
about this, although l think more should
be said about the way fee grabbing is
carried on in the Justices courts
Congress has fixed a maximum at
which the salaries of all officers in the
employ of the government shall turn
their receipts in fees over to the govern
ment.
~This maximum, does not, however,
prevent government officials from col
lecting and keeping what they are al
lowed by the statutes for expenses while
in the performance of their duty.
when the fees of United States
marshal have reached $4,000 in year
he must turn all fees in excess over to
the government. l am inclined to think
Marshal Nicely will hardly get as much
as $4,000 for the arrest of these men. 1t
is my duty as judge of the court of this
district to audit the claims of the mar
shal, clerk, attorney, commissioner and
all other officers CT the court.
OF course these officials must always
make affidavit as to the truthfulness of
their claims and L must be guided in
some degree by their statements under
oath as to the actual expenses, but in
case like this where such a large amount
of money is involved l shall be careful
to see that none but just claims are al
lowed.
"The largest item in Marshal Neely's
claim for expenses will of course be rail-
road fare for himself, prisoners and
guards. This is not to be included under
the head of fees for which a maximum
is fixed because it is expense in the
performance of his duty. The law
allows him ten cents a mile which
he is entitled to for each man carried.
/ m nj M hal a1xy xxyfl
get any thing for railroad fare. He
surely will not unless l am reliably in
formed that the Missouri Pacific charged
him railroad fare for bringing those men
from Scott City to Topeka l will make
careful investig alton before / allow the
fees in this case"
The statement of the JOURNAL of what
Marshal Nicely would receive in the or
binary process of law in arresting an
army like the cOmmonWeaIers and haul
ing them distance of 300 miles, is sus-
tanned by what Judge Foster says.
The JOURNAL said the amount Mar
shall Neely would receive for railroad
fare would be the big item in his re-
ceipts- The law allows him ten cents
mile; which, allowing him 100 guards,
which it was said he had, and the 451
enrolled 'wealers, made 551 persons for
whom he would be allowed to collect ten
cents for each of the 800 miles travelled
between Scott City aud Topeka.
L
ed the complimentary passage on Bale
Waggener's special train and then col
lected ten cents a mile for each man,
and $16.530 would have found its way
into his pocket on this one item alone
which is registered as expenses, and is
not covered by the law fixing the maxi
mum fees of a United States marshal
OF course if Judge Foster learns that
Bale Waggener carried the wealers
Tor nothing, Mr.. Neely will get nothing;
but If Waggener charged regular fare, 3
cents mile, MIR. Neely's claim for ex-
penses will be allowed, aud he will pay
$4,9o9 over to the railroad company, and
his commission on the deal, on which
the government can have no claim, will
be $11.57I.
Judge Foster says Commissioner Wag-
gener Will not get to exceed $50 or $50
out of the trial of these men when every
thing is finished before him.
Marshal Neely will be paid bv the
government for all his expense in feed
Ing and caring for the men and if he is
IKE ordinary officials he will get every
cent he paid out in expense.
BY hauling the wealers from Topeka
over to Leavenworth Marshal Nicely gets