Rogue River courier. (Grants Pass, Or.) 1886-1927, 1904-05-12

you statement OF tne matter Which
you are at liberty to use in any proper
way. called the attention of the
governor to the fact that this estate
was being settled and that the record
showed tht there were no known heirs
and suggested to him that it was a
case where the state ought to inter-
vepe to protect its interests. In such
cases it has always been the custom
for the governor to appoint someone
as special counsel for the state in ac-
cordance with the terms of the es-
cheat act which specially authorizes
the governor to make such an appoint
ment and provides further that the
compensation of the special counsel
shall be determined by the court and
paid out of the funds of the estate in
question. The governor thereupon APP
pointed me as such special counsel
| without any consultation with you in
the premises
When II came to fixing the oompen-
sation, applied to the court to do so
in your absence since you had no in
terest in the matter as the law
specially said such should be fixed by
the court, not by the district attur-
ney. You certainly had nothing to do
with the matter Of fixing said COM
pensation. / did not even tell you
the sum | shonld claim. When this
sum was fixed by the court, it was up
on the strict understanding that our
employment was continuing one and
that my partner and myself should
protect the interests of the state in
any litigation yet to arise about the
| matter as well as to see to the sale of
the realty and reducing the same to
cash. 1t is understood that two sets
Of rival claimants will appear yet to
contest for this money.
Our Investigations have already
convinced us that one set OF these
claimants are fraudulent; as to the
other, we cannot speak as yet, but 1t
is quite certain that these people will
endeavor TO recover this money In
which case we are bound to attend to
the litigation on behalf of the state
ana to see il through the supreme
court. In view Of these facts the fee
allowed by the court was reasonable
and may yet prove even inadequate fol
the work done and vet to be done.
The fee does not come out Of the state
or its taxpayers, but ont of the es-
cheated fund. II any belated for
eigners come along and prove better
Iisnv W 'ne iuhus U. .nis estate 49, .nau
| less onr fee and ali exnepses of litiga.
tlon, hence that much of the money
made In tins country by the decedent
,s VIII teain "s nolne ia.nei VIVA" oo
am satisfied no fair minded man
| -. e A Il
think OF criticising the court, In the
pientees' huIn ,css youiseh' siueo
matter
have no doubt but the rumors
winch have reached your ears have
peei orIelhaIeu py some person nos
Yon are at I;hertv m rafer a,v
critics to me for a full statement OF
all the material facts In this letter.
lus'ihe .na. .nis eAplana.lon VIII
in the matter. / am as ever.
Very truly yours,
George ii. Durham.
MI ,..,
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