The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1876-05-12

On the i4th day Of January last, the True
NoRrHERHEa contained some comments on the
action OF tho Board Of Supervisors touching the
salary OF the Court stenographer. As the mat
ter has bssn the subject Of good deal Of CON-
ment since that time, andas good deal OF special
pleading aud general bosh has been poured out,
~e reproduce the article referred to, and ask
for it careful perusal. Our reasons for doing
this is tina fact that Q considerable number Of
tho bar havs been circulating reports TO the ef-
feet that tbs Board Of Supervisors had nothing
to do with the matter beyond paying the salary
OF two thousand dollars year, and that tho
supreme Court had so decided.
We will say just here that the Supreme
Court has done no such thing and all assertions
TO tae contrary is the veriest bosh. But to the
article
"As appears elsewhere, it will be seen that
the Board OF SUPERVISORS. at their session last
week. established the salary OF the Stenographer
or Court Reporter, at the sum OF six hundred
dollars per year for this, Van Buren, County.
That officer had been receiving nearly twelve
hundred dollars per year in monthly install.
msnts from the County Treasury. The exact
amount pad last year, as shown by the report
OF the committee published elsewhere, was one
thousand one hundred and eleven dollars, be-
sides the five hundred and seventy-two dollars
paid Tor reporting the Matteson trial at centre
vile, IN St. Joseph County. During the same
period he received from Kalamazoo County the
sum % eight hundred and eighty-n,ne dollars
for salary, without taking INTO account tho
amounts charged for copies for the use OF par
ties TO suits.
II Il evident, from some things which have
come TO che surface, that an erroneous impress
I'll 10 a
Boards OF Supervisors over the compensation
to bs paid Tor the services or this ohcer: IL
has bean maintained that after Board OF Su-
pervisors had consented to the employment OF
stenographer. they thereafter had no control
over tao matter and the Circut JUDGES pro,
ceeded 10 apportion salary OF two thousand
dollars among the several counties OF circuit
on the basis OF suits commenced during the
preceding year. ibis was done in pursuance
OF the law which prescribed this mode, in case
the Boards OF Supervisors had neglected to fix
the amount to be paid by their county.
In order that the reader may know just what
the law oo this subject is, and that we do not
misrspresent 1t, we publish In this connection
30 much OF the law as applies to the case under
consideration. The first section OF the act
creating this new office is as follows:
SEC. 1. The people OF the State OF Michigan
enact, That . Stenographer for the Circuit
Court for the County OF Wayne shall be ap-
pointed By the Governor, on the certificate OF
the Judge OF said Court, that the business Of
said Court Is such as to render the employment
OF Steuographer desirable.
section two provides that such stenographer
shall be deemed an officer OF Courts and that
Tor cause the Governor may remove or suspend
him. Section three prescrlbes how vacancies
shall bs oiled, and section four prescribes the
duties OF such officer. Section five Is as fol.
lows:
sEo. 8. The stenographer appointed for the
County OF Wayne shall receive, as compensa-
tion, a salary OF two thousand dollars per an
mum, which shall be paid in monthly INSTALL
msnts out Of the County Treasury.
Section elk provides for tax upon the par
ties to a SUIT OF three dollars in each case to go
INTO tbs County Treasury to apply upon the
salary o. the stenographer. Section seven re-
quires such officer to take an official oath before
proceeding to exercise the duties Of the Office.
Section eight provides that certain sections of
"A former law shall not apply in charging and In
aructlpy lures when a stenographer is en-
ployed.
Section mae is the one under which stenog
raphers are employed outside Of Wayne county
II will be seen that Boards Of Supervisors have
full power over the matter OF the employment
and salary such officer shall receive. The sec
ton is as follows
SEo. O. ANY one or more counties Of this
State, beng in the same circuit. may, at any
time hereafter, cause this act to become opera
tive in each county or counties, either united
with each other or in any single county, by tht
certificate OF the Judge, as provided IN section
one OF this act, sent to the Board OF Super
vsors Of each county or counties, and approved
BY ths ma ority vote Of the Supervisors elected
in such county or counties; ana such Board
Boards OF Supervisors may fix the amount o
salary TO be paid By such county or counties t.
such stenographer: and such stenographer
when appointed By the Governor, shall be en-
titled to salary go fixed and no more, and an
amount which may have been heretofore fxe
rs such salary by such Board or Boards OF Su
pervisors, less than two thousand dollars, sha
be aud IS made binding under this act an
such etenographer, when appointed, may ente
upon his duties un6er such salary 80 fixed.
And then follows proviso providing tina
when the Boards OF Supervisors have omtte
to fix the amount OF salary, the Circuit Judg
NAV apportion the same, at two thousand do
lars. among the counties forming the particula
circuit, basing such apportionment to eac
county on the number Of suits commence
therein during the preceding year.
There ls further proviso which refers onl
to the tenth and eighteenth judicial circuits.
From the above 1t will be seen that the Board
OF Supervisors have full and ample authority I
fix the amount OF compensation, which th
stenographer shall receive, or even dispens
with his services altogether. The action OF I'll
Board OF Supervisors in cutting down the salai
for that Office from over eleven hundred dollal
to elk hundred dollars, was an act Of retrencl
IA tho AiSht AAOSbObf aha huos ~
hearty endorsement and approval Of the Ia,
paying people OF this county"
We should not have again alluded to tn
matter but for the fact that some members
the bar had put in circulation report to II
effect, that the Supreme Court had recent
made ruling or decision that disposed OF Il
whole matter by, in effect saying that IL
Boards Of Supervisors having sgniied the
Willingness to employ stenographer and Il
Governor having appointed one, the Supe
vlsors had thereafter los. al control over Il
matter aud that the people must be taxed
pay tho exhorbtant salary OF Two Thousar
dollars. According to this rendering there W,
no way for the taxpayers to rid themselves
this unjust burden.
We have made diligent enquiry and scare
after this pretended decision but have been Vi
able to other find it or to find any intellige
attorney who bad seen it, or even heard Of !
The nearest approach to any decision by q
Supreme Court bearing upon tins subjec is oil
reported in the 27th Mich. Reports, and whit
was for quite different purpose and is rs 10
eign TO the matter under discussion as we'll CT
be. In the case alluded to, q party to 81