The Sully County watchman. (Clifton, Dakota [S.D.]) 1883-1894, 1884-02-23
OPEN LETTER 10 JUDGE OF
PROBATE MERIT SWENY.
CLIFTON, SULLY Co.. ID. T.
February 18th. 1884

February 10Th, 1884,
To Merit S,reny, Esq, Probate Judge, SuYy
County, ID. r.
SIR: Inasmuch MS you have seen fit to
publish statement purporting To be your
reasons for your refusal to act on the ap.
pointing board to fill the vacancy in the
Board OF County Commissioners and mas
much rs every statement made therein Is
untruthful | deem II my duty to criticise
the letter and present To the public in this
form. a correction of the statements you
make. Whatever criticisms may be made
on your letter can hardly be unjust rs you
state you fear they may be. You were sum.
moned to appear Mt special meeting of
the appointing board on Jan. 9Th, but
failed to appear, giving as your reason that
you had met with freezing accident and
could not be present, yet 4S hours after.
wards you were on your way to Onida to
make final proofs. The freezing could
hardly have been your true reasons for
not appearing at the meeting. You were
again notified To appear at meeting of
the Appointing Board on Feb. 10TH and on
the day previous (Feb. l5th) was in Clifton
and stated to Com'r b. p. Hoover, VIM.
7. Ross, John III. Gropengieser (editor)
Roscoe Stinson, of the firm of Dearborn
II Stinson, and tosmyself, and in the hear
ing OF others, that you approved of the
meeting, that you could not question the
legality of the meeting. and that you con
sidered yourself under obligations TO. and
would attend the meeting of the Board to
fill the vacancy. You also emphaiically
expressed the opinion that Mr. Young was
not Commissioner and could not be re-
appointed. Your opinion on this matter
was not material. inasmuch as the Board
had sufficient authority as to the legality
of their action in written opinion of the
Attorney General of the Territory cover.
ing the whole question. but Iprcscnt 1t TO
your attention here that you may fully
realize the position you have taken. /
would further recall to your mind that on
the morning of the meeting before the
time had arrived. you came 10 the county
office, and looked over the records again,
and again gave me TO understand you
would not fail to be present One hour
afterwards you refused to act. for the rea-
sons given i'm your letter as follows: that
Commissioner Millett had not received a
notification of the meeting. think | can
safely pronounce this untrue since Mr..
Millett's letter of notification was mailed
on the 9th inst. reached Mr. Millett's post
Office on the 18th and Mr.. Millctt did not
leave hCme until the 18th inst. Moreover
similar notice was sent to his son. the
county sheriff and he duly made his ap-
pearance on the day of the meeting. Mr..
Millett did know of the meeting. notwith-
standing your assumption tn the contrary.
Even had Mr.. Milleit not received any
personal letter notifying him. you do
not seem 20 be aware that the law does
not require other notice than that pub
lished in the newspaper, which was made.
and that you were in no way on that
ground justified in preventing meeting
of quorum Of the board
Your second reason is that no vacancy
appears of record in the commissioner
record: Again you are untrue, the record
does show the vacancy, and the same rec
ord is open for the inspection Of the public.
Your third reason given is an evasion
and not TO the point at issue. Yet will
notice il To the extent of stating for your
information, that the county board are
required to chose a chairman for the en-
suing year. at their first meeting. and il
would be gross injustice TO deprive any
portion of the county of voice in the
matter, rs would he the case. did two
members of the board select that chair
man. There are also many questions wait
ing the decision of the board, which
affect that section OF the county having
no representation on the board. More
over. Mr.. Millctt distinctly refused. the
last time he was in Clifton. TO act with
Commissioner Hoover as a board unless
MIR. Young. the ey-commissioner. was ac-
knowiedged To be not only member of
the board, but also its chairman. This
your third reason is no defence of your
course as you are not required to pass up
on any business before the regular board
of commissioners. but have only tp obey
the law which requires you to act rs a
member of the appointing board.
Your fourth and last reason is. that
should the appointing board fill the va
cancy. it will involve the county in litiga-
ton. and that you decline to act until the
vacancy is showa TO exist
Surely an experience in the law. suf-
ficient to qualify you for the position of
Probate Judge would show you the fall
lacy Of this statement. | am therefore
compelled to commiserate with Sully
county in having as Probate Judge one
who advances such justification for his
justly criticised failure To perform his du-
ty Ii was on Jan. 9Th that Mr.. Young
was refused to he recognized as member
OF the board Of commissioners. What did
he do about it9 Did he take the proper
and legal remedy2 mol lie simply after
attempting To concoct various schemes
by which to accomplish his purpose by
violence. and failing In all, took passage
for Chicago, where he now is, where he
properly belongs. since not member of
his family il in Sully county. nor has
been for eight months, nor has he n cent
of property in Sully county. Surely did
he believe in the justice OF his claim he
would defend the same. Abundant time
was given him to commence his defense,
and then this meeting OF Feb. 10th was
called which you expressed your inten-
tion to attend. Its failure is owing to
your action. and upon you rests the re.
sponsibility of the delay of county bust
ness. The vacancy in the board is evil
denccd by the law. and the law provides
for the filling of such vacancy. Allow me
to bring to your consideration that your
duty does not lie in the direction Of max
ing excuses to Justify yourself for q neg.
lect of duty. but in the direction OF
making yourself acquainted with the law
of your Territory. and acting according
thereto. Your published statement being
intended rs reflection upon the integrity
of purpose of the appointing board, can
not permit such unqualified dmisstatcments
to go uncontradicted.