Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1885-06-20
District Court.
HON. wM. Il. CHURCH, PRESIDING.

| day afternoon:
Franklin McVeagh ct al vs j. p
Thompson as administrator Of the es.
tate of J. t. Bliss-Eyidsnce closed
and argument to be made in Dsadw ood
| Territory VS. S. J. Walksr-Seductio n
dismissed.
Territory VS. Westfall, Bobier, Aiken
and slaughter-dismissed
Bail in all the above cases exonerated
and defendants discharged.
Territory Va MISUNDERSTANDING ex.
cessive fees as county clerk-Plead gull
ty with statement to the court; money
refunded snd defendant discharged.
Territory VS. las. Swisher-Indictment
found for assault with a deadly weapon
with intent to kill.
Messrs Mclean, Kubler, Mill, Kleem-
ann, Doran and Bostrom admitted to
full citizenship.
Territory VS. Commissioners and 90.
Treasuror-Transferre to the civil side
of the court and the indictments dis.
missed
In the above cases Judge Church
rendered the following decision which
we publish in full:
There have been submitted to the
court two cases upon agreed statements
of the case, under the statute. They are
upon the civil side Of the court, one is
entitled County of Custer VS.. Walter n.
Walker, James Clark and VIM. Nevin,
and the other County Of Custer VS..
Henry H. Tamlyn. They both relate to
the same transaction, towit: The right
Of the respective parties, in the case Of
Tamlyn as county treasurer and the
defendants in the other case as county
commissioners Of this county, to extra
compensation for services rendered in
connection with the funding Of the in
debtedness of this county under an act
passed last winter.
1t appears by the statement ofthe case
that for services rendered in connection
IL
to the 23rd of May last, at which time il
is stated that about $4,000 Of the coun-
~ Indebtedness had been funded the
commissioners allowed to themselves
the sum of $500 each and that the
treasurer presented a bill for the sum of
$500, which was allowed by the county
..;a
his favor therefor
The question submitted to the court is
whether either of these parties has q
right 10 any extra compensation for
services rendered under this act. IN
the case of the county commissioners |
do not see how any doubt could ever
have arisen about it. They are allowed
so much per day for their services. l
have not seen a copy Of the act, but my
information is that by the act passed
last winter their per diem was fixed at
$500 besides mileage Obviously it
would make little or 40 difference to
the county commissioners whether dur
ing any day in which they were occupi-
cd as county commissioners they were
engaged in refunding the county in
debtedness or in passing upon any other
accounts, or in hearing road petitions, or
in doing any Of the services Of the coun-
ty commissioners. They are paid for
their time SO much, the amount allowed
by statute | am unable TO see any
grounds upon which to base a claim for
extra compensation in connection with
the funding act. If the services requir-
ed Of them under the funding act nee
essitated their attendance as board of
county commissioners during any add-
tional days, Of course they would be EN-
titled to their per diem for those days,
at least they would not be entitled to
anything more; and that is all that it is
necessary for me to pass upon in this
case so that can have no doubt what
ever about that case.
In reference to the case Of the treas
urer do no: find any authority of law
for allowing him any extra compensa-
ton. / am willing to concede that the
case presents some more difficult
features; an excuse for the charge,
that is to say, it would seem to be
more reasonable that the treasurer
should be allowed some extra compensa-
ton for services rendered under this
act, because his compensation depends
wholly upon fees. He has no per diem
that am aware Of for any general serv-
ices Of this kind. nor any salary, but
nevertheless it remains that for services
rendered by any officer his compensa-
tion is restricted TO that which the stat
ute allows, and think it probably
happens to almost every admin.
istrative officer in any state or terri
tory that he often finds his duties
perhaps more orerous than he expected
and often finds that additional duties
are imposed upon him which he did not
contemplate. If the legislature fails to
make provision for compensating him
for those services he must take the good
with the bad. / am not aware Of any
provision Of law by which he can
receive any extra compensation for his
49, II.