The San Francisco call., 1896-03-25
MAY Be OUSTED
FROM OFFICE,
Sheriff Whelan and Re-
corder Glynn Ignore
the Law.
COLLECTION OF FEES.
A Grand Jury Expert in Pos
session of Facts and
Figures.
THE ADVICE OF ATTORNEYS.
Protection of Bondsmen Assigned as a
Cause for Disobeying the Fee
Law of 1895.
THE ADVICE OF ATTORNEYS.

Expert inquiry under the direction of
the Grand Jury has established the fact
that Sheriff Whelan and Recorder Glynn
of this City and County have ignored the
fee bill passed by the Legislature of 1895
and are collecting the high fees which that
law abolished. The only explanation they
offer for disregarding the law is TO the
effect that their attorneys have advised
them to ignore the law in order to protect
their bondsmen.
There is a strong sentiment in the Grand
Jury in favor of proceeding against the
Recorder and Sheriff for willful miscon-
duct in Office. Members of the Grand Jury
entertain the notion that the officers of
this City and County should obey the law
as they find it and not seek the advice of
private attorneys for a pTetext to vio-
late it.
One juror said: at is the duty of the
officers elected to serve the people to exc
cute the law, according to their oath of
ofhce. 1t is not their province to decide
upon the constitutionality of an act passed
by the Legislature The law is constitu-
tional until the Supreme Court de-
clares it to be otherwise. These
officers = the Sheriff and Recorder
SHOu1u Dt tllpcdCD6u anu removed
official misconduct. The people who paw
for filing instruments in the Recorders Of
fee have some rights which should be re-
spected. The Legislature thought the fee
system eXorbitant and so diminished the
charges, but officers who want to maintain
a large clerical force consult their attor-
neys and decide to collect the exorbitant
fees as of Old
Some time ago the Grand Jury engaged
- loO1
into the fee business. He found in the
progress OF his work that County Clerk
Curry was obeying the law, out that the
Recorder and Sheriff were violating it.
When man takes a deed to the Record
er's office charge OF 81 25 is made for re-
cording it. The law passed by the Legisla-
ture OF 1895 fixes the fee at 81 75.
In the Sheriff's office the charge of So a
day for keeper is collected. The law fixes
the amount TO be charged at 81; but the
Sheriff, on the advice of his attorney, sees
lit TO disobey the law. That is the wav
the subject IS presented to the Grand Jury
The expert, under the direction of the
jury, is making report of all fees collected
since the new law went into effect One
column OF the report will present the
amounts properly chareeable under the
law, and another column will contain
ngures showing the amounts collected
The difference between the aggregate of
the two columns Will present the amount
unlayiully extorted from the people.
Mr.. Dunn is not an impulsive, fiyaway
expert, but calm and conservative busi-
ness man. His report will not be sensa-
tional, but the disclosures already made
leave little room TO doubt that fragrant
violation of the letter and spirit of the law
has been committed.
When all the facts are submitted to the
Grand Jury that BODY may report an ac-
cusation to Judge Slack of the Superior
Court. In the accusation against Thomas
R. Ashwcrth, Superintendent of Streets.
which was presented by the Grand Jury of
which Oliver Eldridge was foreman, the
accused was not called to explain his al
legged official misconduct, but on his own
motion the jury heard his explanation.
Doubtless Sheriff Whelan and Recorder
Glynn will be given an opportunity to ex-
plain why they have set the law aslie
The present Grand Jury has not been
sounding its own praises or heralding itself
as the greatest body of reformers ever i'm
paneled for jury service. but it has been
quietly at work collecting facts and figures
to justify its action. The effective work of
the session is just now beginning. The
fund authorized for expert examination
has been reserved for practical work and is
now available. Within the next two weeks
Mr.. Dunn at the City Hall will be re-en-
forced by other experts.