The Clerk Who Refused to Leave Office—and the Books That Wouldn't Balance

The case of King County against W. B. Spencer, whose accounts as county clerk have never been satisfactorily adjusted, came up again in the superior court yesterday in the filing of an agreement, or submitted case, between S. H. Piles for the county and W. B. Spencer and his bondsmen. It sets forth the facts and is to be submitted to Judge Humes for final judgment, both sides agreeing to accept his decision.

The county claims Spencer is indebted in certain sums shown by the expert's report. Spencer denies any debt and submits written statements from Judge Richard Osborn and ex-Judge I. J. Lichtenberg to the effect that many of the items charged against him were for services for which he received no pay, performed under the direction of the court. The court, they say, considered it more expensive to interrupt the business of trials than to require the clerk to enforce payment for such services, many of which were from 10 to 50 cents. Ex-Judge Lichtenberg certifies that at least $1,000 of such services were performed in his court under his direction without pay.

Many of the county's charges are for continuances, motions and demurrers. Under the old law the clerk was required to collect 60 cents every time a motion or demurrer was continued. Frequently they were continued from week to week, sometimes because the court could not hear them and sometimes because counsel was absent. In this manner many hundreds of dollars were earned but not collected by the clerk because, as he contends, parties were not in court at the time of continuance, or he was unable to collect the fees.

Mr. Spencer will be remembered as the county clerk who, failing to get the nomination, refused to vacate his office when T. W. Gordon, his successor, demanded possession on the ground that his term ended in March, not January. After holding out a month and meeting an adverse decision in the superior court, he waived appeal and allowed Mr. Gordon to assume the office. When he turned over his accounts there was a dispute as to balances, and the county commissioners had his books examined. The result showed a difference between services rendered and cash accounted for, but cross-credits and cash paid over materially reduced the original figure. The final balance is set out in the submitted case.

The expert's report gives the nature of the items charged against Spencer. The first consists of civil fees earned and unreported, due King County, being differences between the "appearance" and "fee" sides of the docket compared with earnings and cash reported in the cashbook. The difference between services noted on the appearance side and the corresponding cash receipts on the fee side is about $1,777.08, which would represent the items Spencer claims were rendered under the order and direction of the court and for which he was prevented from collecting. These items appear largely to be for continuances, transfers of cases, swearing witnesses, filing exhibits and like services. Other items include criminal fees, probate fees, notarial and naturalization fees, and services that should have been rendered if fees had been collected in advance.

Against these items the county auditor recommends credits to Spencer, including an overpayment to T. W. Gordon, uncollected fees in open cases, certificates of experts, undelivered naturalization papers and cash paid to the county treasurer. The affidavits of Judge Osborn and ex-Judge Lichtenberg will reasonably account for the balance on which Judge Humes will be asked to give his final decision.