Omaha daily bee., 1900-01-11
EMPLOYEES WANT THEIR PAY
Albyn Frank, Er Clerk Of tie District Court,
Fails to Meet Pay Roll.
WORTHLESS BANK CHECKS HANDED OUT
Creditors Contemplate Bringing Suit
for Attachment of Outstanding
Fees-Anitntion in Favor of
Charging EmbeGEIement.

january l. Dy MS DOuualltur bubdl .
and j. A. Perkins.
Among the most imminently probable re-
suits are the possibility that the county
commissioners may order the arrest of
Frank on the charge OF embezzlement aud
that the employees of the office, including
clerks, typewriters and copyists may bring
suit for salaries due for the month of De-
cember.
The overdue pay roll amounts to about 5000.
The employees have declared themselves in
need Of the money due them, and unless
payment is made at once 1t is said that
suit will be brought. Frank will be named
as defendant and an effort will be made to
attach outstanding fees due the Frank adj
ministration and which have been assigned
to the bondsmeu.
At the end of December, the last day OF
the month being the regular pay day, the
employees were told that they would be
paid January 1. On that date they were
told to wait until the Sd of the month. ON
January 3 they were told to want until the
9Th, and so on from day to day has first one
excuse and then another been made until
at last the employees have become ~agitated
almost to the point of action.
1t is stated that the bondsmen to whom
Frank assigned his fees, do not hold them
selves responsible for the payment of sal
aries. Frank has been interviewed by some
of the clerks, and he says when he made
the assignment he understood that his sure
ties were to pay the delinquent salaries.
Checks Come nnck.
An aggravating feature Of the case is the
fact that some of the young women en-
ployed in the office have been Inundated by
the protesting OF checks which Frank gave
them as part pay. While none of the sal
aries has been paid in full for the last
month of the old year, in two or three in
stances small checks were given out to
employees, who insisted that they must have
at least a little money for the new year.
On December 80, 1t is said, Chief Deputy
Steere, representing Frank, gave to one of
the young woman Copyists a check for 30
and charged the amount against her UNI
paid salary for the month. She made a
purchase at a drug store and the check was
cashed. A few days later the young woman
was surprised to hear from the druggist
that the check had been thrown out by
the bank on which it was drawn. Having
failed to receive the balance due her on
salary, she was unable to return the money
to the druggist. The young woman lives
at a boarding house and is dependent upon
her employment for support. Another
young woman had the same experience, her
check being for $40. A third check was
given 10 oHe u II SOAhe ""h N -
was also for $40. He secured the cash on
it and hasn't yet heard of any protest. The
supposition is that when the crash came,
Frank turned his money over to his bonds
men and that the $40 check which escaped
protest was handed into the bank before
the transfer was made. The young women
we're a little later in presenting their checks.
The failure of Clerk Frank to pay ~salaries
has brought many hardships upon the en-
%pioyes. Most of them have no other re-
sources and having received no pay since
December I, except the small installments
represented by the protested checks, they
are temporarily embarrassed for current
funds. Several of the employees have found
it necessary to walk to and from their homes
in order to save street car fare. No blame
is attached to Chief Deputy Steere for the
delinquency.
Another grievance which the employe,
have against ex-Clerk Frank, and one which
is looked upon as a violation of the county
commissioners orders, is the fact that since
the new fee law went into effect July l,
last year, Frank has not paid the salaries
which were fixed by the commissioners
Prior to the enactment Of the new law the
district clerkship was entirely a fee office
=, and the clerk was allowed to hire his help
at whatever figure he could agree upon
But under the new law the HHlnR OF Salarlee
devolves upon the COMMISSIONS and the
> body raised the salaries OF the clerks
force. Disregarding the law, Frank con,
tinued to pay the old schedule. leaving the
difference for his own use. This is to b.
one of the issues in the crusade for the
enforcement of the fee law.
Frank May be Arrested.
If all the county commissioners can be
t converted to the ideas expressed by Com
/ missioner Ostrom Frank will be charged
} with embezzlement as the most direct
method Of testing the validity of the new
fee law which he has violated.
3 AS previously announced, Frank has writ
ten letters to the commissioners, in which
he declares that he will make no account
ing OF fees for the last quarter of the year
=, unless forced to do so by law. He invites
> the commissioners to take action against
, him. The general opinion of the commits
sioners seems to be that mandamus is the
proper way to go about an accounting with
!. Frank, but COMMISSIONS err Ostrom takes is
sue with other members of the board.
81 am in favor of having Frank arrested
y. for embezzlement," said Commissioners Os.
from, "for ! believe that is the proper way
to test the constitutionality of the law
which he says is unconstitutional. There
has been talk OF bringing mandamus pro-
ceedings to force him to make an account
ing, but in my judgment the most sensible
way is to charge embezzlement. Then We
will have a clear-cut issue, and IL the law
is void, as Mr.. Frank says he believes Il
TO be, that fact will be established, and OF
course Mr.. Frank will have the benefit OF
It. | don't know what action will be taken
but the matter is in the hands of the county
Y attorney and something will be DONE
y The Frank case will probably be discussed
r at a meeting of the commissioners mex
g Saturday. Frank remains in the city, bu'
= since his successor has taken charge OF the
Office he seldom appears at the court house
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