Daily capital journal. (Salem, Oregon) 1903-1919, 1915-09-15
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Attorney TOOze Tells
About That Filing Fee

given to cover filing fees in the circuit
court of Marion County had been turned
down at the bank payment thereof hay
ing been stopped. This is true. The
story also states that this is the first
time in the history OF the clerk 5 office
that such a thing has occurred. This
is perhaps true, and on the other hand,
it might be stated that this is the very
first time that the writer mas felt justi-
fled in taking sucn a course with refer
ence to any check drawn by him. Cir
cumstances alter cases, and lest a wrCng
impression may be obtained | should
like to state the other side of the con-
troversy, for | have many friends in
Marion county who might be misled by
the articles in question. Mr. Holman
and myself are trying to enforce the
/ Widows Pension Law in Marion coun.
ty, and secure to those widows who
made application two years ago their
rights in the premises. To that end we
| purposed bringing mandamus proceed
ings against the cnnty court, tnat be
ing our only remedy, the Judge of the
court having failed to make any order
whatsoever in the cases upon which al
appeal could be based Had an order
been made, appeal would have been the
only remedy, and mandamus would not
lie We made this perfectly clear to
the clerk S office. Before any peti.
tions were filed, we several times care.
fully examined the records in the office
of the county clerk to find if any orders
had been made by Judge Bushey, and
on Tuesday of last week, between the
nours Of ll.30 a. m. and 2.30 p. M, we
again examined all the records, and
found no orders. Immediately we com-
menced to file our petitions and orders
for alternative writs of mandamus as
signed by Judge Galloway, paying in
filing fees, the sum of $500 in cash.
and check for $4,000. | left Salem
and returned home before they were
all filed. Upon returning to the
clerk S office later in the afternoon,
Mr.. Holman overheard mention of the
name of one of our clients, and upon
investigating found that practically as
fast as we had filed the petitions and
Nrders for wrts of mandamus, the
county judge nad entered orders in the
original cases. Of this the deputy
clerk with whom we transacted our
business SAID nothing until after all
our cases had been filed and the fees
paid, and until Mr. Holman, quite by
accident, stumbled upon the situation.
Mr.. Holman at once asked to withdraw
the cases and a return of his filing fees
This was refused. The next morning
prior to $500 a. M, | telephon'ed the
clerk S office to inquire about the mat.
Yer, The deputy clerk who had filed
the papers for us answered the call. TIE
stated that the county iudpe's orders
were on file on Tuesday morning hnt
had not been entered when we examined
Ihe records, hut that his office had been
recording them during the day. asked
him why he did not tell us Of these or.
Iers before we filed the petitions
knowing full well that we would nof
ille them with such information in orr
/ possession. He stated tAat he was oet.
/ ting 1t from both sides, JUDGE Rrs6ev
having condemned him for even tnIIing
liWman about it after Holman = srs,
prlons were aroused and he was inves.
/ lgaung. ] told him that thc tbing
dld not look right to me, and tbat II
seemed that they were tryino IN tollo
an an VnIalr advantage Of us, and that
4ntil the matter We're Strengthened ont
! should stop payment upon nv c1eri
gwen nm for filing fees. This notice
reached him before banking hours an
Wednesday, and the check was givon
MN after banking hours on Tpesdoy
with this notice in his possession Ia
placed the check in circulatior oni
therefore can aardlv be blamod for
the protest fees of $500 irciJoMt %
/ the transaction. | distinctly toIj him.
that when the atmosphere was cIoaraJ
. up somewhat, / wc0ld SEQ tbo+ ho s''ieI icy
/ his money, if ne werc ertitIoj T., ~ ~
meant that, aud mean it still We
must be given credit for knowing thot
mahdamus would not be the nronor
course to pursue with orders modo b1 NV
Judge Busney on file in tbo orin;noI
eases, and that appeal wonlJ ba7 tLn ta,
only remedy; the records In tb, .i,.iS I'C
office are public records. and IL L, H.,
any records in his vest portnt IT, Wv ,.L''I HI'
he knows we are vitalIy intorns."5 "i''VI ~
MS of them; we should moi bc ,,,i' ~
to take out search warrant anl '',C9 aa.
duct persWal search of the rleri ,Un omI
ms deputies in order to Get tbe inforn," t% ""u
ion to which the whole public is 'o" o".
utled' The effect of Judge Bps5ov's
orders was to defeat the man5arS,rs MANA :
proceedings, aud compel an onneai ',,,ui ani
we have reasons to believe ibc or5nul 81 Iuu
were made for this distinct nr,"o,o w I'VE W.S
were proceeding in perfectly GOOD faitb
and not desiring to take any o5vam, i%
,Ms' OF anyone; we we've entitled TO
f;iirg 'casc"'nG ca."s ,.i lo take our money for