Daily capital journal. (Salem, Or.) 1896-1899, 1899-03-18
Perpetual Injunction.
Granted Against Paying the Bingham
Tax Collector Warrants.
Able Arguments Of counsel-Judge Boise
Holds Sheriff Alone Can Collect
Taxes.

The case Of State of Oregon. ex rel
Leyl Herren. vs. W W. Hall, clerk et
al, came up for trial before Judge
Boise at o'clock Friday ard the at
ternoon was consumed in its cuusld
GRAFTON which resulted in the TEN
porary Injunction heretofore granted
being made perpetual
The prosecution introduced as evil
dence the records " the county court
showing for what purpose Geo. G..
B ngham was employed; also his bi
for $3.50 for such services; also the
record Of the allowance Of said bill.
The prosecution claimed that this
was sufficient 10 show the invalidity
OF the warrant, as the county court
had no right 70 employ or pay an at
torney for collecting delinquent taxes
The defense then moved that the
case be dismissed on the ground that
the warrant 10 question is still IN the
hands Of the county clerk, but the
motion was oyerruled.
The defense then introduced the
original contract between Bingham
and the county court 20 show that
other services we're provided for, 10
looking after property which had been
bid In by the county on delinquent
taxes. The prosecution objected to
the admission OF that part OF the con
tract relating 10 other services, as
immaterlal, etc. The records, in
connection with Mr.. Bingham's bill.
showed that the warrant was drawn
In payment for the collection Of de-
linqueht taxes and for nothing else.
Bingham was sworn. Was asked 20
identify the bill introduced 10 evil
dence. Said II might be the bill, but,
II 50, there had been an error ia the
bill in the case Of The 1896 taxes which
had been figured at 20 per cent 10
stead Of IS per cent Thought II
copy Of his bill Had undertaken the
collection OF these taxes at the re.
quest Of the county court. In con.
slderation Of expense for postage
stamps, stationary ana clerical work,
the compensation had been fixed al
the figures stated,
This compensation was also Ia con-
sideration OF other services mentioned
IN the contract. The court asked II
all delinquent taxes paid 10 20 the
sheriif had been considered as col
lected by Bingham and commission
90 him thereon When
man came In and paid n the sheriff
Delinquent taxes, how did the sheriff
know whether II was through Blng-
hams efforts or not Was he allowed
a percentage on all Bingham said
there was no way for the sheriff 70
know as 10 this, and all such taxes
were figured on In reckoning up hts,
Bingham's, compensation.
Counsel asked the witness IL this
did not include compensation for
other services. Objected 90 by prose-
cutlon, Sustained. AsGed II the
county court ever fixed compensation
for these other services. Objected 10.
Sustained, as the on showed that the
was for collection OF
taxes alone. Exception taken.
Witness excused by defense. Prose
,utioo moved that Bingnam's testi.
nony Ge stricken out as Immaterlal,
,tc. Oyerruled. Pogue asked wit.
ness IL he got percentage on all
axes for these years 1892 20 1896.
whether the money passed through
MS hands or noty Yes. Did not the
witness know that money was being
'aid la on these taxes To the sheriff
rom time 10 time before this con.
ract was entered into? No.
Sheriff Durbin was called by the de.
ense, but his testimony was decidedly
elpful 10 the prosecution.
lie had not employed Bingham.
Had no warrant from the county
curt 90 collect these taxes at the time
ilngham was employed by the county
ourt' Had received remlttances on
hese taxes, accompanied by the nc.
ice sent by Bingham. Couldn't say
hat very large proportion OF remit
1nees received had been accompanied
y such notices. Was asked II re.
elpts Tor dehDquen; taxes had not
laterlally Increased after Bingham
as employed, Couldn't say that
'ey mad Stated that these delin.
'ent taxes we're being paid in from
me to tine before TIE employment
Nr Bingham.
Miss Clark was called and testified
having worked under Mr.. Bing.
'm's supervision Ia the collection of
ese taxes. Had written about three
"usand letters 20 taxpayers. The
oSecutlon objected "a the admission
ner testimony showing that She
ID also devoted time 60 looking after
property bid In by the county ON
l'nQuenl taxes, objection was sus
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