The daily journal. (Salem, Or.) 1899-1903, 1901-10-28
COUNTY
EXPERTING
UPHELD
Court Denies Motion
of County Officers
As Being a Sham, Frivolous
and ScandalOuS.
The Result Will be an Appeal
and a Long Drawn Out
Fight.

The county court met at 10 O'Clock to-
day, Judge Scott and Commissioner
Needhsm being present. Commissioner
Miley was taken i'll Saturday night and
went TO his home Sunday, and was
absent for that reason.
The business before the court
was the consideration of the motion by
ATTORNEYS NJ. w. Hunt and j A.
Carson, representing the county officers,
asking that the order employing county
experts be revoked. and these gentlemen
asked that the motion be not considered
until the entire court is present, as it is
important county business, and the at
torneys also requested that the record OF
the court show that this request had
been made.
After brief consideration OF the
motion, the court ordered that the re-
quest for the presence of the entire
court be not granted, and that the
motion be disal,owed and ordered cx-
plunged from the record, on the ground
that it is a sham. frivolous and scandal /.
ous The court also stated that it con-
sldered that the parties had no rights in
this court.
The county conrt later made an o; der |
authorizing County Judge Scott TO con-
duct an examination Of the county books
with Messrs. Clark and Buchanan as
clerks or assistants. These gentlemen
filed $4,000 bond from the U. $. Fidel-
ity & Trust Co. of Maryland, for the
faithful performance Of their duties,
which has been approved by the court.
The county officers were then called
into the county court room and this
order was read to them by the clerk, W.
w. Hall. Sheriff Durbin was notified
that the experts would begin with his
books. Mr.. Durbin stated that he
would be glad to have any member Of
the court examine his books, but that
he would not permit Messrs. Clark and
Buchanan to touch his books in any
nienner or form whatever.
Judge Scott asked il this position was
| lhhtH III NtbldllBi VI Ahb bihbA W WV
court when Sheriff Durbin charged that
he had in his possession charges against
Messrs. Clark and Buchanan, which led
him TO believe that they are intomp,-
tent and unfit to touch the books in his
Office, and said he would resist their
efforts TO q finish. Messrs. Downing and
Roland were then asked il they would
submit TO the orders Of the court, and
each Of those gentlemen took the same
position as did Mr.. Durbin. The court
then suggested that they were all in con.
tempt of court, but as general smile
went the rounds nothing serious was an
n ticpated. Mr.. Durbin then suggested
that there was no personal feeling on his
n part against the court, nor was he OPP
posed TO having his books exported by
q responsible parties. The court remind
ed the gentlemen that they were all in
contempt, and while it might be willing
u to defer matters a little, ii would not
abate the matter Of contempt in any
u degree.
NJ AAllh lAnNkhAN u NAAel hho bANNkhh
.s in for examination, and thus the matter
rested.
= County Clerk Hall states that his
position will be to endeavor to give the
m county the best service Of which he II
~ capable; that he does not resist having
his books exported, except in 80 far al
an attempt is made 10 have it done by
70, persons unknown in Marion county, anC
r in manner which he considers illegal
lie does not propose to have persona
lg controversy with any member OF tn
is county court, but favors making tes
case as to the rights of county officers \
at protect themselves against peremptor
ht proceedings of this character. Iii
position is practically that of the othe
in officers in question.
% Papers have been drawn up for wri
of review proceedings and an iniunctio
and will probably be fled this afternoon
at Motion TO Reconsider.
or. The motion, as filed in the count
court, Saturday, is as follows;
Ay "Now comes W. w. Hall, clerk OF II
~" = county court OF Marion county, Oregon
an ex .oflicio clerk OF the circuit court,
the State OF Oregon for Marion county
led and Frank w. Durbin, sheriff and IA
au- coll ctor Of Marion county, Oregon;
es, IL. Roland, county recorder for Marie
county, Oregon, and A. l.. Downiu
his treasurer Of Marion county, Oregon, an
,oI, move the court to set aside and vacats
~, pretended order made by this court G
on the 25th day of October, 1901, but el
tered as OF the date OF the cath day
October, 1901, whereby this court a
lies tempted to appoint Geo. p. CLARK al
me- Geo. w. Buchanan 70 examine the re
'nd ords OF Marion county, Oregon, duril
re- ard between July /, 1898, and Janua
l. l, 1902, true copy of which said ord
is hereunto annexed and made a pa
Thereof, upon the following grounds, /
tist Wit;
Dot. "First-That the said order was n
mes made at the regular term of this cou
t;si held in January or July, bat on the co
Continued on third Page.
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