The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-05-20
KNIFE LA|D TO FEES
important Decision by Judge
Hainer at Perry.
CASE OF CLERK HARM
Against the County Commits
sioners of Noble County.

Guthrie, 0. II, May 19.-(speciaL)-Fol-
lowing is the decision just handed down
by Judge Hainer in district court in the
case of W. F. Harm, plaintiff and appel
liant, VS.. the board of county commission
ers of Noble county. defendant and ap-
pellee, which is a very important one in
view of the fact that the Gees under the
United States fee bill axe considerably
more than they are under the territoria!
law. The decision in fun foHow.:
This case is here on appeal by w. F.
Harm, the former clerx OF this court, upon
The disaIlowance OF MS account against
the board of county commissioners, which
vas filed with the county commissioners
on the ID day Of January, 1899. The
amount of the original bill filed with the
board Of county commissioners was
! account that it was subsequently changed
by the former deputy clerk, VIII H Clark,
and the amount as passed upon by the
county commissioners was $I3S05. The
entire account was dLsallowed by the
board Of county commissioners on the Tth
day Of April, 1889, on the ground that the
costs as taxed were exorbitant. The
plaintiff, w. f. Harm, appellant, brings
this cause here, to this court on appeal,
from the action of the board Of county
commissioners disallowing the entire
account A motion has been fled in this
court by the county attorney to dismiss
the appeal on several grounds. Among
them that the account is not verified by
the clerk, as required by law, and second,
that the account was changed after it was
filed wit hthe board Of county commission
ers, and third, because the costs were
not taxed as required by the statutes Of
Oklahoma.
while I think there is some force in
The objections, have decided not to dis
miss the appeal, but pass upon the cause
on its merits in this court, as it is a
matter Of great public Importance, and
the questions raised should be speedily set
tilted and set at rest The motion TO dis
miss viii, therefore, be overruled, and the
court viii take the cause upon its mer-
fts.
''The county attorney, in his argument,
has urged in an able manner, three obs
lotions to the account fled by the appel
liant and plaintiff.
cit is urged, first, that the costs in ter
ritorial criminal cases should be taxed I'M
der the territorial fee bill and not under
the federal fee bill. Second, it is contend
ed that various items, in fact nearly all
the items in this bill, which cover a period
of three months, that is the quarter pre-
ceding anuary I, 1S99 are excessive and
exorbitant. and third, that a great many
charges have been made that are wholly
unauthorized, either by the federal or ter
Titorial fee bill. Eve
The first proposition involves a very
important question, whether or not the
clerks IN this territory should tax the fees
IN territorial criminal cases under The
federal or United States fee bill. or the
territorial fee bill. believe It has been
the general practice in this territory, from
The time the courts have been established
:n this territory, for the clerks to tax
federal fee bill and not under the terri
Jorial fee bin. The legislature has passed
law in this territory-the first act was
passed in 1885, and it has been re-enacted
in the statutes of 1893, 1895 and IS97-upon
this question, establishing a fee bill for
the taxation Of costs in all cases by the
clerks Of the various courts Of this terri