The daily journal. (Salem, Or.) 1899-1903, 1901-11-16
WRIT OF
REVIEW
In the Matter of Exporting
Marion County Records
Legality of the Proceedings
Argued In Circuit Court

This afternoon in the equity depart
ment of the circuit court, the case of F.
W. . Durbin ct al, vs. John II. Scott, ct
al, suit for writ OF review came up for
hearing. District Attorney ]. n. Hart
aud Deputy J. N. McNary represented
the county court and John A. Carson
and VI. W. Hunt appeared for the county
officials. The case was considered
merely from the legal standpoint. A
brief summary OF the facts leading up
TO the commencement Of this suit show
that on October 81, County Judge Scott
notified the county officials that Messre.
Clark and buchanan, whom he in
troduced to them. had been engaged to
expert the books and re ords of the
several county offices. His motive for
the action he attributed to his interprc-
tation OF a certain point of the law,
which reads as follows:
THE county court Of the several coun-
ties Of this state, while sitting for county
business st the regular terms iu January
and July Of each year, shall carefully
examine all books and papers relating to
the financial affairs of the county clerk
Of the circuit court, recorder Of convey
ances treasurer and sheriff of the several
counties"
All Of the otIicers objected to the books
being examined. inasmuch as no order
Of the court gave authority for the act,
the work would entail an expense oi
several thousand dollars, the men en-.
gagged were not residents OF this county
and their reputation .ior this work else
where was not good, and that the work
would probably have to be done again
next June at the expiration Of the pres
ent terms OF Office.
Mr.. Scott then called a special session
of the court and the order was made
p .ovidine for the exporting o! these
books. This wac done on Oct. %, and
Judge Scott requested the clerk to enter
the contract on the court records as
eaving been made on Oct. "a.
Carson & Hunt, as attorneys for the
officials, on Oct. %, filed motion with
Judge Scott that the order be revoked.
This was disallowed on the ground that
it was a sham, frivolous and scandalous.
An order was next made by the county
court providing for the county Judge to
examine the records and retain Messrs
Buchanan and Clark as assistants or
clerks.
The officers next petitioned Judge
Boise fora writ of review, which was
granted aud directed TO the county
court, causing all orders and contracts
to be anulled, set aside, reversed and
held for naught," and serving as an
injunction to furher proceedings in the
matter of examining the books.
This was set for hearing on November
8, aud the only other action taken pre-
vious to this time was the filing Of
paper with the county judge by the men
eng iged by him to do the exporting.
this asked the officers to name two men
to superintend their work, seeing that all
was properly done, Thisreceived no at
tention Whatever. On the 9th the mat
ter was postponed one week.
Although the technicoities Of the
question are being tried, great deal of
personal feeling has been developed in
the affair.
The officers believe, as do most others,
that there can be no necessity Of the
action at the present time. County
Clerk Hall offered to pay suitable ex-
perts for examining his books il they
could find any evidence of intentional
errors or fraud.