The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-12-20
csusfY nosRD.
TContinued from First Page.l
The several county Offices and court

the several county Offices and court
rooms.
Adopted Dec. z, 1877
THos. w. HALLIDAY,
Chairman.
Report of Salmon Lakewood, road SUI
peryisor of road district No. Ia, claiming
the sum OF 81 so for extra laboron roads
was presented. On motion the report was
approved and his claim payable out o.
the special road fund.
The consideration of the semi-annual
report OF Peter Saup, sheriff for fees
earned and received in bis office during
the six months ending, December lst,
was resumed, W lereupon motion the sum
of S6l0 Al asked by said sheriff for addl'
,ional clerk hire was approved by the
following vote, viz:
Ayes-Brown and Sammons.
Nay--Hailiday.
On motion the commissioners were
each allowed to place upon the record
their reasons for the foregoing vote, wlich
are as follows, viz:
BOARD of County Commissioners Alexander Co
Illinois. Reasons of Commissioner Halliday
for declining to vote Tor claim OF +. Sahp,
Sheriff and Ex on. CALI for additional
cleik hire"
decline to vote Tor allowing the item
of S6l0 Al additional clerk hire" claimed
N Mr.. Saup's report of expenditures, In
excess OF amount heretofore liked. Inc
opinion of counsel to the county Is onti
tied TO and has my fullest respect, but |
am compelled to say that its conclusions
do not satisfy me that this board has any
ksoaL rioht achaterer TO allow this claim.
The constitution of the state in Sec
10. article 10 makes it mandatory upon the
county board to Fix the compensation
of ali county officers with the amount
of their necessary clerk hire, stationery
and other expenses" and provides THAT
the compensation vi no officer shall be
increased or diminished during his term
Of Office"
The revised statutes, 1874, sec. IS, chap.
"a designates as tho time to fix the cons
pensation Of county officers, whose COM
pensation is required to be fixed, the
meeting of the county board next before
the regular election for such officers.
The county board at its September,
(lS76) meeting ''neXt before the regular
election" ut which the present sheriff was
elected, passed the following order, to-
wit: at is hereby ordered that the
salary OF the sheriff
and ex-officio collector be fixed at $3.50
per annum with deputy whose salary
shall not exceed 5000 per annum, and
that he be allowed Tor expenses a sum
not to exceed 500 per annum.
Thus, in strict obedience TO the man
date OF the constitution. the county board,
the sole Judge OF the necessary amounts
to be fixed. at tie time designated by the
statutes for the exercise ofthat Judgment,
fixed Established, settled) the compensa-
ton OF the sheriff ,citb the amount OF jsec>
essary clerk hire deputy and EXPENSES,
fully and completely. 1t seems TO me
that nothing was left to be done; the au-
thority was exhausted; the action OF the
board was final and inreyocable; and any
subsequent action OF the board "increas-
ing or decreasing" the compensation, so
fired, is certainly void as being prohlbi.
ted by the constitution. Any other con-
structiOn would seem to afford no pro-
lection whatever TO the people or to the
officer, Che present instance illustrating
very forebly that none would be afforded
the people, for the compensation, or any
part of 1t, could be Increased or decreas-
ed at pleasure OF the board.
believe | am fully borne out In my
views by the decisions OF the supreme
court OF the state in cases Of kllgore VS..
the People. 10th Illinois, where the whole
compensation of the officer had been
fixed) and in "Whitlock ct al VS.. the Peo-
pie, etc., not yet reported, (where the
whole compensation of the officer was not
fixed at the first meeting OF the board.l
Outside of any legal questions, howeyN
er, | do not think that justice or lair
dealing justifes the board in allowing
this claim. The compensation having
been fixed before Mr.. Saup was elected,
he knew when ne took the oath OF Office,
that the ighole compensation to which he
would be entitled was limited to $4,000
per annum. There has been no work
performed that could not then be fore
seen. He asks this board to allow claim
tor expenditures which he has made for
additional clerk hire" without any aus
thority whatever from the board, and
solely for his own benefit; tor accountants
to prepare proparly the accounts and re-
ports OF his office, which he nor his as
sistant (already allowed 5000 per annum)
did not possess sufficient clerical ability
to prepare. 1t is unjust that the county
should pay for this. It establishes
bad and dangerous precedent. For the
foregoing reasons l earnestly protest
against the action OF the majority of the
board In this matter
THos. W. HALLIDAY.