The Detroit times., 1912-12-18
JUDGE SESSIONS
MAKES ATTACK
ON FEE SYSTEM
Hopes Bill Abolishing Present
Plan in United States
Courts Will Pass
SAYS HARSHA CASE
REVEALS WEAKNESSES
F. A. Tilton Still on Stand in
Suit to Recover Alleged
Oyercharges by Clerk

Frederick A. Tilton. OF the Security
Trust Co., who made the audit on the
books OF Walter S. Harsha, was on
ne stand. Wednesday, In the case OF
he government 10 recover the alleged
overcharges OF the former clerk OF
me United States circuit court, and
the testimony consisted OF an explana-
ion or the differences between his re-
port and the report or Charles f. De-
Woody, the special examiner who ex-
amined the books for the govern
ment
As re1Ilt OF this explanation the
government conceded q number OF
small items which were charged
| against Harsha. In the bill OF particu-
lars. but found correct when the audit
| vas made.
An item OF y693 on cases not term
mated was allowed by Mr.. Tilton on
I The ground that Mr. Harsha was en-
titled TO the fee OF 81 when papers
were fled, another dollar when issue
was joined. and another dollar II testi.
mony waS taken in a case not adjudi.
Gated. These charges were not al
lowed BY Mr.. DeWoody, because the
OF the case. II was also found that
Mr.. Harsha made the charge Tor APP
zeal papers instead OF the ordinary
circuit court fees, and the differences
amounted TO $40. These .Wo TaC.
tiers are ques' cns of law 20 the court
10 decide.
An item OF SIS for marshars fees
paid by the clerk out OF funds in his
hands, was reserved for further argu-
ment. and an item for $35 for copies
was conceded by the government. An
item OF $40, which the government
claims Harsha withheld from deposits
was reserved for further testimony.
There was some discussion among
he attorneys when 1t developed from
the examination of Mr.. Tilton that
EIarsha had private ledger which
was not produced before the court,
and he was ordered TO produce IL for
he afternoon session. Mr.. Tilton
stated that the ledger was apparently
started to find out how much was
lue TO litigants on cases that had
zone through his hands. An item OF
B72.53 was explained in the private
book which was not explained In the
bfficial records, and further evidence
will be asked for. Judge Session sap
ported the defense In Its contention
hat the presumption must be that
he records were regular, and that
he work was done as Harsha claimed.
he burden OF proof being on the gov
eminent.
An item of S25 arising out OF sums
transferred from case to case when
itigants or attorre ys were the same
Was allowed, and two other items, one
f S47.05 and another OF $22 for incl
lental services, were admitted.
There was considerable argument
byer the case OF the Hecla Portland
ement Co., In which II was charged
hat Harsha took balance of s496 out
BIZ funds In his hands as master when
ie was actually entitled to fees OF
nly sips. An item Of $3.50 for figur-
ng interest and special services was
allowed. The only large amount con-
ldered was an item OF $1,Sll for max
ny final records IN cases In which the
ecords do not show that final records
we're ever executed. Mr.. Tilton agreed
Nth Mr.. Dewoody on this amount.
The fees for admitting attorneys to
ractice. showed discrepancy or
40, ACCORDING 10 government, iaisha
harged $3.50, claiming that II was
he fee for admitting the attorneys to
ractice In both the district and cir
ut courts. This fee was fixed at VI
b 1902, but Il il charged that Harsha
ontinued to collsct the same fee as
efore.
Judge Sessions attacked the entire
re system In a statement which was
lade outside Of the record of the
ase.
This case shows the foolishness OF
he fee system" said the Judge, and
hope that the bill abolishirg fees In
he United States courts which Is now
congress, will be passed.
The case was continued Wednesday
fternoon with Mr.. Tilton still on the
land