The daily journal. (Salem, Or.) 1899-1903, 1901-11-19
JUDGE
BOSSES
RULING
Thinks a Demurrer Ought
TO Have Been Sustained
Exporting at An InOppOrtune
Time---But County Court
Has the Authority.

luO thN AhbhOhAtJ
"The writ OF review case is one in
which there was an order entered by the
county court in due form on the record,
employ ing some men to expert the books
OF the officers Of this county, the clerk,
the sheriff, treasurer and recorder, and
after that order was entered there was
proceeding to set aside this order, or to
bave it vacated, on the applications Of
these officers, and various questions are
raised. The writ Of review is taken from
the decision Of the court below in dis
missing the application to vacite the
order, and questions arise in this case
there is question whether this is an
order or an application that is subject to
review.
"The petition for the application sells
out large number Of questions Of fact,
1t undertakes to set out that the court
was divided on this matter when lh1 Or
der was granted for the exporting Of the
books; that the men who were en-
ployed were incompetent, and that they
do not reside in this county. Various
reasons are given. The court below dis.
missed this proceeding without any
effort to ascertain the facts, and the
question is whether they could bring up
these questions Of fact--whether IL was
incompetent in the court below to 10
that.
"My impression is that II the applica-
tion had been demurred to in the court
below, the demurrer ought to have been
sustained. do not believe that this
application was competent proceeding
to reach this order; that these facts,
which are stated in the application were
not competent to be tried and issue
taken upon them in the county court.
The question, whether men employed
by the county court are competent or
not, is a question decidable by that
court, and do not believe 1t is review
able on an application Of this kind. That
they live outside the county l do not
think is an issue which the parties are
called upon TO try,
1.-THE argument to great extent rest
ed on the statement that the county
court had no authority to make such an
order; that the law required the exam
ination OF the books by the county court
in July and January, and that II such an
order could be made TO expert these
books by calling in extra help to assist
the court, that is prematures and the
law has fixed the time.
"There are two questions presented
here one is whether the court had
power TO appoint these parties TO assist
The court in exporting these records.
II has been decided by the Supreme
Court OF the state the employment OF
lelp 10 collect taxes IN addition to the
lheriff, exercises authority OF that kin d |
n appointing aid, and 1t is competent |
by the county court and the county
,ourt has that authority.
"I think that the employment of help.
% put these records in a shape 80 that
he county court could readily examine
hC records is amatter in which the court
would be authorized TO employ aid more
han they would for the collection Of
axes. II is the sheriff's duty 10 collect
axes, and he is the only officer
authorized TO do that. think they
would have that right under the
that have been made in our
o 8, 80 that matt'r ] es sjudicats,th
he county court has that authority, and
Z would not be proper for this court,
whatever might be its view, to review
he decision of the Supreme Court on
hat subject. think il has been settled
hat they might do that without 'he cid
( this statute, and that the authority
xisted without this statute.
"This statute requires the county
1urt TO look into these records. Then
rises the question whether they could
o 1t at any other time. Ii was conceded
t the time Of the argument that, had 1t
OF been for the existence of this statute,
he county court could look into this
usiness at another time, but this stat
te has limited the time. The authority
nat existed before, still exists, but the
.atute was made 10 call the attention OF
he court to this duty, and that they
hould attend 10 it. and there was no
ther reason.
"In recent years there has been
mango in the matter Of collecting coun'
, revenue, aud the compensation OF the
1uRty officers at this time does pro-
ide that all these fees collected by the
leriff, clerk, recorder and treasurer, be
aid into the county treasury. Second
=, this record is record Of the revenues
the county, and the legislature may
ave thought il necessary that this be
instantly guarded by the county court
hich has charge OF the county revenues
, see that the revenues collected by
lese officers, we're properly turned over
, the county, and that may have been
he meaning Of the law, but at aEy rate
be law exists.
"Ihe time for examining the accounts
in January this next time. II he
onuty court, sitting with reference 70
.aa.a. d N.aaN