The Topeka state journal., 1911-09-01

accountants When Samuel G.. Zim-
norman, county clerk, took a hand in
| the proceedings, Larimer called him a
| dog and invited him to sneak back to
his kennel. Since that day factional
strife among county officials has been
on the increase. Just what-if any-re-
marks the account will make concern
ing Larimer's official record, must be
taken this evening from the original
document.
Richard Thomas. clerk of the court,
f. r. Simon, county attorney, and the
members of the board were in executive
session lust before the noon adjourn
ment. At this conference, it is said,
Simon advised the board that it must
and suggestion il. the special auditors 5
report. Then it is up tc the official
to disprove such charges as Koenig
may make.
visited Kienig this afternoon at the
Wintrode His attorney, Frank G.
Drerring, was present at the time
Koenig was asked for a statement con-
cerning the report which was to be
fled
Koenig Is Peevish.
You will have to see the commits
sioners," replied the accountant, who
is a stout, swarthy man with a peeNlsn
dispcs ition. my business is with them
and not the newspapers"
Then your report has been filed with
the board?"
mo, it hasn't But I have a contract
with the county and won't file the re-
port until 5 o'clock"
'slOoes your contract call for ming
the report at o'elock?" was asked.
NO" snapped the auditor, who by
this time had lost his pleasant dispo-
sition +tand further l will deny any
misstatemcnt made by your paper and
will certainly bring an action for dam
Tnen Drenning stated that nothing
Iii Of IN
denied that the report was Intentionally
held up until after the State Journal
went to press.
Mr. Taomas's Statement.
When seen this afternoon concerning
the probable contents of the report. Mr.
Thomas gave out the following state
ment:
4 cannot tell at this time what the
report of the special accountant will
contain but I suppose one of its main
features will be the amount of money
due Shawnee county from me as cleek
There has never been any question that
there was a large sum due the county
There has always been an uncertainty
even in the minds of the best lawyers
as to the division of the fees collected
by the clerk. The law governing the
fees of the clerk of the district court
can be construed several different
ways, and as lawyers of ability differ
| in their construction of the law 1t is noS
strange that the clerk would have no
fixed opinion upon which to base a set
tlement. Judge Hazen's recent opinion
on the subject has in a measure de-
cided the question, though there are Il
number of other good lawyers VIII dis
agree with him. 1t seems to me now
| that tho supreme court will have the
final decision upon the construction of
the law.
1.-The money is in the bank ready to
be paid over to the county subject to
| the correctness of the findings OF the
accountant. The charge of the ac-
countant that am collecting too much
for costs is not true. The charges that
/ have made are the same that have
been the vogue in the office of the clerk
of the district court for a great many
years and ] have been simply follow
ing the precedent established oy my
predecessors.
The members of the Topeka bar
with whom I have transacted all such
matters have never expressed dissatis-
faction on that score
LAS an evidence of the truthfuiness
of this statement 1 will say that never
in all the time that I have been clerk
of the court has there been filed 4 mo-
! tion to retax the clerks costs. This is
a recourse of which a lawyer can al
ways avail himself
My relationship with the members
of the Topeka bar has been a peculiar
ly pleasant one to me. They have all
exhibited the kindest consideration for
me and have always expressed unquali-
fled confidence in my ability to run the
office of clerk OF the district court. It
has always been my aim never to
violate this confidence.
Many of the writs and instruments
that must issue from the hands Of rhe
clerk are of the most technical and
complicated nature and never has a
faulty one emanated from the office.
have established a. number of reforms
for which the attorneys and the public
have been pleased to compliment ne l
have never knowingly done anything to
cast discredit upon the office