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The Ex-Treasurer's Appeal Stalled Over Unpaid Court Fees

Adolph Krug, sentenced to seven years for embezzling while Seattle city treasurer, failed to perfect his Supreme Court appeal—because the clerk's fees went unpaid.

Adolph Krug, over whose head is hanging a seven-year sentence in the penitentiary for embezzlement while city treasurer, has failed so far to complete the steps looking toward appeal to the supreme court. He was sentenced March 14. Notice of appeal was given, pending which he was released on $6,000 bonds with William Rittenhoff and D. Rohlfs as sureties.

In reference to appeals, the law provides that the clerk of the court within four months from the notice of appeal shall send the transcript to the supreme court, but in Krug's case his attorneys failed to file the precipe until September 1894, or seven months after sentence and more than three months after the time within which the record should have been sent up had expired.

The clerk is prohibited by statute from performing any service without payment of fees in advance, and County Clerk Gordon has informed Krug's attorneys repeatedly, perhaps a dozen times, that the fees remain unpaid. If Krug were a pauper an order of court could be made that the fees be paid out of public money and the transcript issued, but Krug is not a pauper and the clerk has no option in the matter but to wait until something is done.

When the time has expired within which an appeal shall be perfected, the prosecuting attorney may go before the supreme court and have the appeal dismissed. Should the above step be taken, it would probably lead to the ex-treasurer being taken to the penitentiary.

“The clerk is prohibited by statute from performing any service without payment of fees in advance.”

— Printed in The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895
Then · 1895131 years apartNow · 2026

Public officials still face the same two questions after conviction: whether the appeal was timely and who pays the cost of pursuing it. Krug's case shows how a procedural deadline and a filing fee can matter as much as the evidence.

The original page

The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-03-03. Library of Congress, Chronicling America.

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About this story

From
The Seattle Post-Intelligencer (Seattle, Wash. Terr. [Wash.]) 1888-1914, MAR 3, 1895, Page 5
Text
Cleaned up from the page — spelling and layout repaired — not a word-for-word transcription. The page itself is above, for exact wording.
Rights
Public domain
Place
47.60260, -122.33045 · placed automatically
The paper in the Library of Congress catalog ↗