The Placer herald., 1870-06-11
THE LAW, THE PRESS, AND THE
SUPERVISORS.

Our neig igbbor's modesty and forbearance,
which seals bis lips and sences his pen while
the taxpayers most vital interests are at stake,
both startles and as,onishes US. A suit has
been brought TO restrain the County Treas
urer from paying an unjust and inequts6Ie
demand against the County, and therefore.
in effect. says, our neighbor. the Stripes,
",be question is in the Courts, and iorsoolh,
decacy fo; bids that we should open our
mouth or defie paper with our pen on the
subject; but We DO hope the Supervisors will
be able to show that they are tight, or erred
to the advantage Of their own pockets unin
tentiona!y." We confess that we have no
such far fetched scruples to manace our
tongue, or fetler our pen, when The interests
of the pubic are in jeopardy, or i's pockets
abou! to be despoiled Ia criminal prose
culions before juriss where h's or liberty is
endangered, then, and then only, should the
public press keep silence. In civil suits. and
especa ly where public liicers are arraigned
for trespassing upon the rights AMI property
Of the public, and charged with an open vio>
lsiion Of their implied contracts with the
people wbom they were elected 10 serve mot
rot we hold i. to be one Of the most 3D.
cred obligation, Of public journal to warn
aud proclaim 10 The Who'll. community what
has been done and what may follow. This
is what we have dome. and what we will con.
tnue to do and tie taxpayers may decide
whether we are rilht or wrong. The Super
'ors bavs had all the hearing they have
ask ID in our columns, 40 # they ak further
space they shall have it. We have sail, in
previous article, that We could fad neither
~ nor equity to Justify the Supervisors in
apprcp'isrng to themselves 81 500 Of the
taxpayers money for three days service
and bad services, We hold, for the interest OF
assert tha, there IS no law, no Justice, no'
no reascnab eness in this demand on ,he
County Treasury The lGtb Section Of the
Act Of 1863 contains no warrant for this
Cold Grab" Of 81 500, however much the
Supervisors may seek To make the contrary
appear. We admit that Mr.. X nder and
Mr.. Pra,, might have made an allowance to
Mr. Van nV.ctor Of reasonable compensation
as commissioner. which could not have ex.
caeded $50 or $40, if he had acted in the
sale as commissioner, which he did not The
power to sell the stock, by The Acts OF 1866
and 1870, was given to the Supervisors as
Supervisors, and such they sold it, Then
i, the sale OF the stock these three men act
el as Supervisors only. and must look for
their pay under the law fixing their per
di-m and mileage as such officers Recol-
lect we are treating of the Supervisors, for
no other otlirer could or did have anything
to do with this sale. Turn to Section 27 Of
"AN ACT to regulate fees of office aud saIa-
ries of certain Officers, and to repeal certain
other Act, in relation thereto, approved
March 5lb, 1870" and we find the law under
which the Supervisors must draw their pay.
Here il is Each member of the Board Of
Supervisors shall receive the SUN of six dol
lars per day for each day necessarily en-
poyed and said members shall, iu addition
thereto, be allowed mileage of twenty cents
per mile, in travelling to and from their res
Ia I I,a aI 1,ro,,;IoJ a.
charge shall lie made for mrte than one trip
going from and returning to the residence
Of such Supervisors, at each term held IN
any county Of this State" Now, il w. Van
V-c'or, w. II. Kinder and ID. Pratt are
Supervisors If they are not. what are ,hs,?)
aud sold lhs stock as Supervisors. (I( they
d,d not sell it as Supervisors it is not sold.)
then the above is HE latest law, (repeallns
by implication all former Laws on ths sub
iect.) and only law, under which they can
receive compensation. This raves not even
kno,-hoIe to creep ont at. The most ordi
nary mind cannot err on this question, in
view of the above law aud facts, mpch less
clear beaded, well.read LAWYER. But let
us see as to The claim that these Supervisors
can pay themselves any sum their con-
sciences will allow. even # that exceeds the
amount of stock sold, under The provisions
Of the l6 h Srcri n OF the Act Of 1868. THIS
section anhoilz1d the Supervisors to allow
reasonable compensation for ezra duties
required Of officers who received f-as or sal.
r,s, but by no implication couk il bs made
'o apply to Supervisors, who received per
diem and mileage. AS the more days tor,
WI k-d, and the mnre miles they Travelled,
he more money they received and IN no
instsnce, 80 our knowIed.e, WAS any other
CONSTRUCTION ever placed upon il, or a dol
lar claimed beyond Time and mileage. IL
cons'ruing is~s. the courts art upon the RUE
and keep in mind 'he intention OF the Leg
islatur-; aud pray what court would arrv
at the conclusion that the Legi-la'ure, in
passing tina or any other law. intended to
give tn. Supervisors power to pay Meolselres
what Mey pleased. an any case. or under any
In tTnth there IL no ami l.