The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-10-14
REFUSE TO DONATE
THEIR FEES
MINISTER'S DECLINE TO PAY RE-
ouiRED TAX FOR MARRIAGE
LICENSE CEREMONIES.

Spokane. oct. 13.-Declaring that its
members will not contribute 81 of their
fees To the county clerk every time
they record q marriage return. the
general ministerial committee of Spo-
kane is arranging to institute an &C
ton to determine the validity of the
Interpretation of the state law. as
given in an opinion by 4. ]. Laughon,
deputy prosecuting attorney of Spo-
kane county. c. +. Atkinson, clerk of
this county. has the returns Of 43 mar
riages I'm his possession. but will not
file them until the ministers pay the
fees as required by Il statute, which
became. effective on August "a.
Fred c. Pugh. prosecuting attorney
of the county, who upholds the opinion
OF his assistants, has advised the min
listers that he will assist them i'm
every way in the event they institute
Il test case. Counsel for the ministers
suggests that the court be petitioned
for an order. requiring the county
clerk to show cause why the records
of marriages should not be filed with
out the payment of fees. The point
to be pressed by the ministers is that
while the marriages are legal. ii would
lie difficult to prove them 50 in an ac
ton at law il the returns are not filed.
Rev. DIR. William j. Hindley. pastor
of Pilgrim Congregational church,
chaplain of the Spokane Chamber of
Commerce, baseball fan and football
rooter, is at the head of the movement
opposing the payment of fees to the
county clerk. He has forwarded nine
certificates to the clerks office with
out cash or check to pay for filing
them. and has also informed Mr.. At
kinson that he will not accept Mr.
Laughon's opinion, adding, however,
that he will pay the back fees in the
event the test case Is decided against
the ministers. His letter to Mr. Atkin-
son follows:
In reply to your letters re-
garding the fee for registering
marriage returns. / beg to say
that in company with the ma
jority of the other ministers Of Spo-
kane, | feel that the demands made
on the ministers in this connection
manifestly are unfair. and according
to direct statement of legislators
themselves that was never the inten-
ton of the law
of course. it may be the case. that
whatever their intention may have
been the legislators have placed this
added burden on the ministers. but
before we assume ii we intend to have
some other decision than that OF an
assistant in the prosecutors office.
Consequently. all | have to say is
that | will continue to send in my re-
turns as usual, and ii the decision is
reached that ministers are responsible
for this fee, then my personal check
will be forthcoming to cover all rec
nrds you may have made. or all rec
ords you may have held up pending
the receipt of the fee, but until then |
do not intend to pay for registering
some other PERSONS legal papers"
Mr.. Atkinson referred the pastors
letter to Mr.. Pugh. who makes these
statements in his reply to the county
clerk:
Il have been handed a letter ad-
dressed to you by DIR. W. j. Hindley,
referring to an opinion heretofore
given to you by 4. j. Laughon of my
office relative to the fee which you.
as county clerk. should charge for
registering marriage returns. and
beg leave to state in this connection
that Mr.. Laughons opinion had my
approval before it reached you. and
was. in my opinion, upon the subject
matter.
III this =internretation upon the Law
places an unjust burden upon the min
listers of the city and county. | am
very sorry for it. but you and they
will understand, trust, that the only
purpose of this office is to give the
law that Interpretation which the
courts. if called upon, would be COM
PEELED tn give it. / will gladly assist
the ministers in bringing about
speedy and inexpensive test af the
question involved by means OF resort
in. to the courts