The herald., 1895-04-20
Every County Officer Is Now on
the Warpath
THE WORKERS WANT MONEY
The District Attorney Will Appeal the
Cook Case
Judge York Maintains That His Decision
Is in Keeping With the Supreme
Court Views

Quite number of petitions for writs OF
mandamus against County Treasurer
Fleming were filed with the county clerk
yesterday. One is from Kate A. Ogden,
a deputy assessor who has been refused
vices accrued in March.
The next one is from M. G. Willard,
Il deputy auditor who has been unable to
collect the 500 forming his March salary.
The county clerks office is represented
by C. 6. Reyes, who cannot get at the
$50 that are due him for his work during
that month. n. S. Averill, deputy SUI
perntendent OF schools, at d monthly sal
AIRY of 500, is also petitioner. Deputy
Tax Collector T. f. Phillips likewise
prays for writ to enable him to cash his
500 warrant. Lastly the sheriff's Office
is represented by Deputy J.. Murrietta,
who complains that he cannot get his 500
ana thai he has no plain, speedy and
adequate remedy in the ordinary course
of law, and therefore prays that writ of
mandamus issue directing L. j. Fleming
as county treasurer to pay his warrant.
The deputies in the several departments
at the court house were greatly elated on
Thursday at the decision of Superior
Judge York in the case of Deputy County
Recorder c. G. Cook, although when
they heard that the district attorneys
Office had asked for five days stay of
execution in the judgment commanding
the treasurer to pay Cooks March salary,
they became uneasy again because of the
fear that the case might be taken to the
supreme court and that long delays in
the final settlement of the matter would
be the result.
Although the notice of appeal has not
InI LIan,
looking for sureties on the appeal bond
yesterday. He told a Herald reporter
that he is entirely in the hands of the dis
trict attorney. While he is willing to do
as the county's legal adviser directs and
anxious. of course. to protect his bonds
men. his personal feelings were entirely
drawn toward the men who have earned
their salaries and cannot get them.
The action of the district attorney in
appealing Judge Yorks' decision. how
ever. is stigmatized as uncalledfor Off
ciousness by those who are made to suffer.
1t would be unfair to say there is very
much kind feeling in the court house for
the officials Oh the top floor responsible
for the anticipated proceedings in the
supreme court.
Judge York, In speaking of the matter
yesterday said that the decision was en-.
tirely in accordance with the views already
expressed in the cases cited by him in
the Cook opinion, and that to have deci-
ed otherwise than he did would have
been to fly in the face of what the su-
preme court had laid down as the law.
II had only to busy myself with the
legal aspect of the case said the Judge.
but there is far more important side
to it and that is if l should have taken
the view of the district attorney all bust
ness TRANSCRIBED by the county would
come to sudden standstill. Not only
that but it would practically close the
real estate market and prevent the trans
ferring or mortgaging of property
The petitions for writs have not yet been
assigned to any Judge. but it is probable
that they will be set for bearing at an
early date today. If the supreme court
can hear and decide the appeal of the
Cook mandamus before its departure, 1T
will relieve the anxiety of many people.
If the decision should be adverse to the
deputies we many expect to see the court
house in great old muddle before many
days. with business blockade from the
cellar to the garrett