The Judge, the County, and the $2,000 Court Record

Judge Solomon Smith, of Goldendale, Klickitat county, is in the city. Judge Smith was formerly clerk of the supreme court and has many warm friends here. He was busy today in attendance on the supreme court, where argument was being heard in the suit brought by Yakima county, on relation of the county attorney, to prohibit the superior court of Yakima county and Sol Smith, presiding judge thereof, from enforcing an order by said judge requiring the county of Yakima to pay for a reduction and transcribing of the stenographic report of the evidence in the case of W. H. Benton et al. vs Phillip Johncox et al., for the use of said court in determining the issues involved.

This case embraces more distinct and separate issues and is of greater magnitude than any other cause that has been heard in the state. It has been in continuous hearing since December 13, and all the evidence is not yet in. There are 128 parties to the record, each of whom asks affirmative relief, which is contested by other parties to the suit. The cost of transcribing the testimony is estimated by the prosecuting attorney at $2,000.

The legal principles involved in the suit affect to a greater or less degree the value of every acre of land susceptible of cultivation in Yakima county. The parties to the suit protested their inability to pay for this stenographic work at the commencement of the trial, and Judge Smith deemed it of so much importance that the evidence be preserved in determining the rights of various parties, that he refused to try the case unless it was so preserved, and, therefore, ordered the stenographer to transcribe his notes for the use of the court, the work to be paid for by the county.