Daily capital journal. (Salem, Or.) 1896-1899, 1899-01-09
BINGHAM ENJOINED
Suit to Restrain Payment Of Bills
for Alleged Services
AS Delinquent Tax Collector for Marion
County at IS and 40 Per
Cent.

No hluJtu dG III 1hE JOJ hNAL
Saturday, Mr.. Bingham rushed his
bill through the county court for the
collection Of delinquent taxes for Ma
rlon county. But issuing the warrant
and the payment Of the same was in.
tercepted by an injunction suit, and
unless he can show the law for his ap-
pointment as tax collector, Mr.. Bling.
ham will have to go TO the supreme
court for his pay.
Saturday afternoon Leyl NJ. Herren,
Sr,, instituted in department No 2,
Marion county circuit court, an in
Junction suit against County Clerk
w. w. Hall and County Treasurer A.
L, Downing, eniolnIng the payment
Of tie warrant for SlS0.5l drawn in
favor of Geo. G. Bingham, in pay
ment of his services as tax collector
for the month OF December.
The complaint was flea just before
5 O'Clock aud order Of Injunction was
Immediately served on Clerk Hall and
Treasurer Downing. Mr.. Herren, the
plaintiff, who allows his name TO be-
used In connection with the suit as
"relator," is one Of Marion county's
substantial husbandmen residing near
Turner. He pays taxes TO the amount
OF S3S. 55 as shown by the 1897 assess
ment roll, His attorneys are Il. j..
Fleming, NJ. E. PoRue, D. g. sherman
and District Attorney s l.. Hayden.
Mr.. Biugham's bill OF Sls0,5l. as
commission for collection of delln-
quent taxes during the month of
December was audited at Fridays
session of the commissioners court
aud ordered paid by warrant. Clerk
Hall issued the warrant As ordered,
Up TO the time Of the complaint, Mr.,
Bingham had not called for the war
rant and IL remains undisturoed in
the warrant book and In possession OF
County Clerk Hall.
In the opening paragraphs OF his
complaint, the plaintiff, by way OF an
oductlon to what is 10 follow,
states and alleges that W. w, Hail,
A. l.. Downing and +. w. Durbln are
clerk, treasurer and sheriff, respec-
lively of Marion county and briefly
enumerates the duties OF such officers.
Mr.. Herren further alleges that the
Marion county court did on or about
the-day of-lS0s, employ George q.
Bingham, an attorney, TO collect de-
liuquent taxes for the county, allow
my him Is and 20 per cent commits
sion.
Continuing, the substance Of the
complaint Is as follows:
THAT the tax rolls 0t Marion
county, Oregon, are In the hands OF
the sheriff OF Marion county, Oregon,
and IL is his duty under the law 10
collect all taxes due the state Of Ore
gon, or the county Of Marion therein,
without any assistance from any at
torney, or persons whatsoever than
his deputies, duly appointed therefor.
That on the 9th day OF January,
1899, said county court, without au-
thOrity OF law, issued an order direct
ing the clerk of Marion county, Ore
gon, To issue a warrant upon the
treasurer aforesaid, directing him 10
pay To the said George G.. Bingham
the sum OF about $3.50 attorneys fees
alleged To have been earned in col.
lecting delinquent taxes under said
alleged contract.
That the sheriff was at all times
ready and willing 20 perform his duty
under the law, and to collect said de-
llnquent taxes without any assis tance
from said or any attorney.
"That said warrant has been, or
will be issued and delivered TO the
said George G. Bingham and the same
is payable out OF the general funds In
the hands OF said treasurer raised by
taxation and paid by the taxpayers OF
said county, and said relator. Levi
Herren, is one OF said taxpayers aud
a reGluent and lnhabitant OF Marion