| Show REPORTERS FEE I IN PR PROBATE A Tf CASES A t Friendly Suit Instituted to De Dc Determine termine the thu th Locality of the thel Requirement l IS DIRECTED AGAINST CLERK far Law Provides for Its Collection but Heretofore It line lIaH Not teen Uee Enforced unforced A friendly contest content of oC a II point of ot law In regard to the authority of County Clerk CierI 1 to collect the usual reporters fee tec cc of or 3 In probate cases CS bus Ius been In III by Judge Julge Samuel at nt attorney attorney torney for or the tho administratrix of ot tho the estate of ot David Dal deceased floe Tha law 11 provides that the clerk cierI shall collect time the tee fee with lIh ovary every case casa Hied but up to the time County Clerk Cleric Eldredge canto came Into Inlo It had not 1101 been collect od ud In iii NO prof te eases cas s Soon Soma after aCter ho he took look possession IJO e of or the tho he lieu asked County Count Attorney Chris Chrie tor for in Fur opinion as to whether o 01 oe not the 3 reporters fee Cee should be col collected collected collected In his probate cases casel The attorney Informed him hint that thai It should and since receiving that opinion the clerk cleric has hils In slated rl d on om the time fee Cee being paid In ht all now new probate cm eases sea anti has Ima also Ilso collected met It ItIn t tin in in several old cases onsen which were nut noi closed up UI until after the tho opinion cue handed to 10 him There have been some Oll protests protest un ou the part of at attorneys In re Ie regard gaud gard to paying the tee fee HO so Mr Ir dredge has hns been anxious that that the tho i should bo be taken Into court und and tested In the David Whyte estate the pa fla pap papers p pers rs were flUd filed under Mr MI James ad nl administration ministration mind and tire the reporters fee Ceo vaa waa as not collected When the attorney for tor forthe forthe the estate entitle presented the final account and 1111 decree of or distribution of ot tho the es estate tote tate to be bo lied filed today tho the clerk clerIc refused to Ole file the came ERme unless the reporters fee tee was wn paid haul Tire The matter was Wile talked d dover over oer between the clerk and the otter attorney miry ney amid It was decided 1 that a 11 friendly contest should be flied filed 11 The rime necessary papers were drawn up amid an nil order was wan obtained dom Judge Armstrong Arm trong citing County COli lit Clerk ii m Eldredge dredge to appear In court on Monday API April 11 21 and show cause why he re refused refused fused to the lie tho the papers av In question The rho d of at the question will wilt bo ho watched with considerable Interest n its It means meana several thousand dollars In ht fees to the county count If It the tho court sus eus sustains the clerk cleric It Is in estimated that thin under former Clerk D C ad nIl administration ministration the lie tees fees from rom that sOUrce would have hlo amounted to 1200 and under former Clerk James tuition they would have amounted to over Oe Somo Some of ot the states estates filed lIed under those administrations lire are still open and when tho mho final papers are lire filed If It the tho clerk in Is sustained ha hI will wilt collect the fee tee from them thorn |
