The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-09-24
IN SOnMER CASE
FEE QUESTION ARGUED BEFORE
JUSTICE PARDEE.
Latter Sustains Demurrer, But Gives
sommer Ten Days to File Amend
ed Complaint.

Justice Morris Sommer may surprise
the county commissioners before his
suit for fees amounting to SITS is fin
ished. When the argument upon the
demurrer of the commissioners to his
complaint came before Justice Pardee
for argument yesterday, he made state
ments which will doubtless astonish
them.
The four other justices have the same
cause of action against the county for
various amounts, but Sommer is the
only one who has shown a determine
ton to fight for. what all claim are
their dues. The others will let this case
be a test for them, and it is not likely
that they will do anything until it is
concluded. The five justices have
claims for $500 or 500 against the coun-
ty.
They maintain that in making out
witness and juror fee certificates and
in swearing these persons to them they
should be paid so cents in each case
% cents for making out the certificate
and 20 cents for swearing the witness
or juror to it's accuracy. Justices Mel
sen, Kroeger and Pardee, who have
held office only from the commencement
of this year, have fees Of this character
to the amount of about $50 each, while
Justice McMaster's account runs back
to January, 1897, as does Justice Som
mer's, which is for SITS.
Justice Sommer's claim is specifically
for swearing and making certificates
for 1873 witnesses and jurors in inquests,
142 witnesses and jurors in cases in 1897
and 1898, and eighty-one witnesses and
jurors in 1899. ...--...-......
The case was brought before Justice
Pardee, and the county attorney filed
a demurrer to Sommer's complaint. Ar
gument was made in this demurrer yes
terday by Assistant County Attorney
Gunter and the plaintiff himself.
Mr.. Putnam commended that the pros
ecution was barred by the fact that the
bill had not been presented to the board
of county commissioners. He main
tanned that the law provided that until
the commissioners had passed on and
rejected the claim no action could be
brought. But he practically admitted
that the law gave a justice % cents for
making out the certificate, though there
was doubt about his right to collect 25
cents more for swearing the witness or
juror.
Justice Sommer surprised the court
and audience when he explained his
reason for bringing the suit. He said
that during the first part of this month
he had contemplated resigning his Of
flee, and he wanted to clean up his
business affairs with the county. But
political friends had persuaded him not
to resign, and he would remain. Some
Of the Justices auditors were shocked
at this confession, for they considered
it a violation of all precedent for an Of
fee holder to resign. But Justice Som
mer's law business has grown so that
he finds the court work interfering with
his practice.
1t developed in his statement that he
had not presented his account to the
board of commissioners, for it had been
customary to present the accounts to
the county attorney. Mr.. Putnam had
disallowed this bill. and suit was
brought to collect it. In answer to Mr.
Gunter that the names of witnesses
and the cases in which they testified
should accompany the bill, Justice
Sommer told what he might do in a
way that Will make the county commits
sioners gasp.
why, if you need evidence to sup
port each item in this account, 1 can
subpoena. each witness or juror to tes-
tify that / gave him a certificate and
swore him. said Sommer. "Of course,
that will require about one month in
court if we work hard, for these are
356 witnesses and jurors; still, if it is
necessary / shall call them"
AS the costs to the county of sub
poenaing and examining eacn witness
in a case are $1.70 and 20 cents mile
age the calling of $50 witnesses would
create bill much larger than Som
mer's original claim. Still, If he chooses
to do so, he may call all these persons
as witnesses to substantiate his claim
against the county. When the commits
sioners learn that Justice McMaster
may also call about 400 witnesses and
Justices Kroeger, Nelson and Pardee
300 more, they may reconsider their de-
termination not TO pay these fees.
Justice Pardee upheld the demurrer
of the commissioners, on the ground
that the bill had not been presented to
them; but he gave Justice Sommer ten
days to present the bill and file a new
complaint.