The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1880-01-15
THE DOINGS OF THE COUNTY
BOARD.
To THE EDITOR OF THE PILoT:

Our highly esteemed county clerk evi-
IDENTIFY believes that the law allows him
fees as canvasser of election returns, and
SO positive is he upon this point that he
quotes astatute which lie fondly imagines
covers the question at issue. A little
analysis of the law will probably show
every one the utter fallaey OF the position
taken by Cur worthy friend, Mr..
Wickert
Sec. As Of the revised statutes is as fol-
lows:
Con the Tuesday nozt succeeding the
election, or at any time sooner, if al the
returns are sooner received, the county
clerk shall take to his assistance from
among the following named officers of
the county, to-wit: the county Judge,
register of deeds, members of the county
board of supervisors and justices of the
peace, two associate canyassers, who shall
constitute with such clerk, a board of
county canvassers."
1t will be seen by the above that the
work of aiding in canvassing the votes of
the county, is clearly and definitely the
duty of the county clerk, just as much
as 1t is that officers duty to record the
proceedings of the county board of SUI
pervisors. There is no 'shirking" If.
He must perform this canvassing task,
provided he is mentally and physically
competent. He was elected for that pur-
pose among many others, and he can not
ego back" upon his duty nor prove
recreant to his trust.
Now, one year before his election, the
county board, in accordance with law,
establishes his salary. When the proper
time arrives he enters upon his official
duties which he performs in very able
and satisfactory manner. HIS salary is
at length paid him. For what? Man
ifestly and without one iota of doubt, for
transacting those duties enjoined upon
him by law, among the rest that of as
sisting in the county canvass. As COM
pensation for performing these duties he
receives his salary previously established
by the county board. Can he, by law,
procure any extra compensation? The
following from the revised statutes will
clearly and forcibly answer this pertinent
question:
every county clerk shall receive for
compensation the salary fixed by the
county board, and no more"
Why the words, ''no more?" What do
they mean? Ii he can legally claim ex-
ira fees as canvasser, why not receive
them also for performing his other legi-
innate duties?
So far the case is very plain. The
question now arises, How will you dis
pose of the law quoted by the county
clerk? We think IL don't require a very
profound lawyer to be equal to the task.
The statute says that "the county
clerk shall take to his assistance from
among the following named officers of
the county, towit: the county Judge,
register of deeds, members of the county
board of supervisors, and justices of the
peace, two associate canvassers, who shall
constitute, with such clerk, a board of
county canvassers." It will be observed
that the law don't make il the official
duty Of each Or any OF these officers to
act in the capacity Of county canvasser.
They are not elected for that purpose.
They may serve as such canvassers, OF
they may not, as they see fit. The coun-
ty clerk Or any other power can not
compel them to perform this task. If
the county judge act as county canvas
ser, he is certainly entitled to extra COM
pensation therefor, simply because that
labor is not made his duty by statute.
If he accepts this trust, then of course he
does more than the law requires of him
and the county is obliged to pay him for
his labor and this is equally true of the
register of deeds and the other officers
mentioned.
These, undoubtedly, are the county
canvassers" who are to receive a "rea-
sonable compensation" according to the
statute. True, the county clerk is also
one, but mark, he is elected as one, and
his compensation" for performing that
duty has been previously fixed by the
county board. He shall receive his sal
airy ''and 40 more This ends it; and
all money that he receives from the
county in addition to said salary for per.
forming his lawful duties, is money
gratuitously bestowed upon him-money
that he never earned and to which he is
not legally entitled.
The law which Mr.. Wiekelt quotes,
also says that town clerks are entitled to
compensation as town canvassers. Would
not Mr.. Wicllert or any other sane man
laugh at the stupidity of the town board
that would allow its clerk pay for Scan
wasting" the results of an election, when
said clerk had an annual salary properly
fixed by law? And yet the cases are
precisely alike. No, no, Mr.. Wickert,
you are not legally entitled to any fees
for "eanvassing," and though I charge
nothing for this opinion know you will
say that my exposition of the law has
been most sound. 0. MOSES.
Do YOU BELIEVE IT.