Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-07
AUDITaR, DEFENDANT


Luke e. Stridsr. a, local justice of the
peace, today ,peAitioned the Supreme Court
Of the District Of Columbia for the writ Of
mandamus to compel John r. Garrison, au-
ditor of the District of Columbia, to certify
foc payment the proportionate amount OF
tie sum appropriated for the payment Of
the salary and expenses of the petitioner for
the month of December, 1904
The petition was presented to Justice Bar
nard, who ordered Auditor Garrison to show
cause at 10 O'Clock. the morning of the 18th
instant, why the peremptory writ of man.
damus should not issue against him, as
asked.
Justice of the Peace Strider informs the
court that he has.fafthfuly performed the
duties of his Office for the month of De-
cemper last, and the amount payable to
him on account of salary and expenses
lor that month, has been due since the
Sist OF December. but, 1t is charged, Au-
d1tor Garrison, refused to certify the
amount although he has certified for
payment the amounts due all the other
Justices of the peace for December.
justice of the Peace Strider asserts
That by reason of the unwarranted and
unreasonable refusal of the defendant
jured
Attorneys Leclsie & Fulton and Joseph
W. Cox represent Justice of the Peace
Strider.
The Auditors Reasons.
1t is explained that the auditor refuses
to audit and certify for payment to Justice
of the Peace Strider that proportion of the
appropriation payable to him for the month
OF December, because Of "a question raised
by the auditor for the State War and
Navy Department as to the refusal of Mr..
Strider to turn over certain unconsumed
deposits made with him by plaintiffs In
auditor for the State, War and Navy
Department iss said to hold to the
view that the justices of the peace
should turn over to the collector of taxes
made with them. whether the same be con-
sumed or unconsumed in costs, and in pass
ing upon Justice Strider's accounts it was
found he still holds a certain fund which
represents the unconsumed deposits made
by plaintiffs in certain suits brought before
him. and claims that he is, therefore, in
debted to the District of Columbia to the
amount of such unconsumed deposits,
which he refuses to turn over to the col
lector of taxes.
Question Of Law.
Mr.. Strider contends that he has no au-
thority under the law to turn over to the
collector of taxes any such unconsumed de-
posts; that until the deposits have been
used up in costs. he. as a justice of the
peace, 10 iolr eEtllleQ 10 Inem, because ne
has done nothing to earn the same, and,
therefore, as he has not earned them, the
District Is not entitled thereto. He fur
Their maintains that in the receiving Of the
deposits made in advance, he received the
same in the nature of a trustee for the
benefit of the party making the deposit, and
In that respect he does not receive them in
his capacity as Justice of the peace; that
when he does any thing in his judicial ca
pacity these deposits are applied from time
to time to, the payment of the costs so in
CURED. and whatever of said deposits re-
mains unconsumed still belongs to the de-
positor making the same, and the same is
held for his benefit and not for the benefit
of the District.9iui 4. Il
Grounds for Contention.
This is claimed to be in keeping with de-
cisions Of the controller. of the treasury
rendered In September, 1898, But. mas
much asr,the auditor for the state, war
and navy. has taken the position that the
unconsumed And unearned deposits should
be turned overnby the justice to the colec-
tor of taxes, it is pointed out, and mas
much as the Justice has failed to do so,
the auditor, mentioned holds that he is in
an extent. Therefore, the auditor of the
District of Columbia refuses to certify for
payment to Justice .Strider that proper
ton of the appropriation made for the
payment of his salary and expenses as a
justice of the peace for the month of
December. 1904. until he has turned in to
the collector of taxes the amount of the
unearned and unconsumed deposits made,
as stated. E