Year: 1860

In the Shasta Herald of last week appears a
communication over the signature of Truth,
in which the writer attempts ventilation of the
record of John White.


After presuming that the Taxpayers generally
are ignorant of the legislation of last winter, the
writer says that Messrs Street and Garter
labored two entire sessions to have the Offices OF
Recorder and Auditor separated from that of
County Clerk


We might sufficiently answer this BY saving
that +" Truth" is false in his assertion The
herculean labor which he imagined took Messrs
Garter and Street two entire sessions to per-
form, was accomplished in the spring or 1855
and approved By the Governor March 3lst of
that year, when but three months of their first
legislative term had expired.


"Heretofore," says our luminous writer
much trouble has arisen in consequence of not
having proper officer to compel the Clerk TO
pay the fees for entering suits over to the Trea-
surer, and filing his vouchers for the same
We venture the assertion that neither heretofore
nor now has any trouble existed on the score
of not having such an officer. If trouble has
existed, it has been owing to the delinquency Of
the officer whose duty it was under the old law,
and still is under the present law, to make the
proper investigation. Further, the Auditor,
under the repealed law, was not, and never has
been the officer to compel the Clerk to the per-
formance of duty, as Truth would have US
believe. We will quote the law as it has ex-
listed from 1851 up to the present time in regard
to the duty of the Clerk in this particular


Each Jerk shall keep an account of money so
received, Judges fees) and shall pay over the
same at the end of each month to the Judge or
Judges of the Court, taking duplicate receipts
fOr each payment one of which shall be filed
by the Clerk in his own court. On the first dav
of each month the clerk of each County Court
shall deliver to the Treasurer of his county an
account of all sums received, specifying the
cases in which received, and of all sums paid
out, with the receipts of the Judge or Judges
for the same. On the same day an account
shall be forwarded by the Clerk of the District
Court to the Controller of State, OF the sums
paid into their respective Courts, and of the
sums paid out with the receipts of the Judges
therefor In paying the salary of any District
Judge, the Controller of State, and in paying the
salary of any County Judge, the Treasurer shall
deduct the amount paid to such Judge or
SWuSSS uuueT Tue provisions OF TINS section, as
IS shown by the receipts of the Judge or Judges
IN their respective Offices Hoods Digest p
239, sec 5O9


The foregoing law shows the duty Of the
County Clerk in the matter We will now refer
to law to show that Mr. White is not amenable
TO the charge of having laws passed last winter
TO deprive the county of the power to compel
she Clerk to perform his duty. The law has
been since 1851, and still is as follows:
1-ECr any wrongful act or omission of duty i'm
posed by law, the Clerk shall be liable on his
bond to the person injured Woods Digest, p
IS, rec. 9.


Further;


If any Clerk shall fail 10 perform anv act or
duty required by law, he shall be deemed guilty
of misdemeonor, and conviction fined in any
sum net exceeding ten thousand dollars, and
may be renewed from oftice-I6id, D. S8, art.
2S3, sec. lie.


II these provisions are not sufficient we will
20 further, and show who is the ''proper officer
under the law, to perform the duty which
Truth seems to think incumbent on the Au-
1itor:


1t is o,ade the duty of every officer paid by
fees to KEEP Fee Book, in which shall be stated
the fees charged, aud the services for which
charged, and requiring the District Attorney to
inspect said books at least once in three
months, and the foreman of every Grand Jury
shall have the same before him for inspection.
Ibid, p. 453, sec. 81.


We think the law shows conclusiveiy that we
have had since 1881. and still have, notwith
standing what the correspondent of the Herald
asserts, "proper officer and sufficient power to
compel the performance of duty in this particu-
lar. The act of which " Truth" complains is
not special one for Shasta county, but is the
sasne in thirty-one counties of the State.
Again, Alr. White is taken to task for being
instrumental in having a law passed permitting
the Board of Supervisors to allow the Clerk
such compensation for services in criminal
cases as they may deem proper. "Truth" very
honestly, in one of his unguarded moments saws
" that heretofore only five dollars were allowed
for all services the clerk had to perform in Grim
inal cases." and will add, such is the fact
even though the services required took weeks
to perform. We think the county and the tax
payers are safe in having the Board of Supervi-
sors who, with the District Attorney, are the
especial guardians of the county's interests, in
vested with this discretion


When "Truth" speaks of special legislation.
we would ask where were his denunciations in
SO, when C.. r. Street introduced aud had pass
ed the law for separating the Offices of Sheriff
and Collector, las well as those of Recorder and
Clerk Legislation uncaled for by the people.
which increased instead Of diminishing our ex-
penses and which is generally believed was for
the benefit of a certain notorious politician who
has lately been provided with fat office by
James Buchanan.


In conclusion, Mr.. White and his friends have
,Io =.
nor from the'effusions of one who, in aiming to
impose on the credulity of the people, feels no
need of truth but to use it as his nom de plume.


VNDEx
The law Is altered so as to make 1t the duty of
the Clerk to pay Judges fees to the Treasurer
instead of the Judges.