Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1886-10-02
COMMISSIONS.
Kldder County has a Case Resemb-
ling Ours.

AANNVA SSOAey AAo0 a Sdo0 SSSu4
ling Ours.
The Steele Herald, published at Steele,
Kidder county, contained the following
interesting article on the subject of lille.
gal commissions in its last issue:
So far as we haye been able to CLEAN
from our exchanges, n from other ex-
traneous sources we have not found a
case in which a treasurer of any county
in this territory has been finally allowed
to peaceably hold his foar per cent COM
mission on bonds, and i'll q majority of
the counties it did not enter into the
heads of the treasurerto try to hold them.
Cavanagh's case has been mentioned.
John j. Cavanagh, as treasurer of Grand
Forks county, claimed $500 commission
on $4,000 bonds issued by the commits
sioners Of that county for county pur-
sued, and he commissioners refused to
allow the bill and thereupon ordered suit
to be brought to compel the payment of
the same. The attorneys for the county
brought the suit in the shape of a man
damus to compel Cavanagh to disgorge
his pockets of the said 500 commission,
and the district court ordered Cavanagh
to pay over the money to the county.
Cavanagh appealed to the supreme court,
where, in the decision already published
in the Herald, it was decided that the
district court erred in allowing the writ
of mandate. The decision was on the
ssbJa n.t;nn aam 70 o, l. 'o,nS ~ .I"u,
w. ~ n.o,a a." CIV w. ~ e"sIs Iia az
~ paot ~ 200 ~ T. 80, anu .na. .ne
irar voc FIJI. nrov;do5 fn,. III +, =, ~ os.b
section of chapter Is. of the Political
Code of this territory: which has also
been published in the Hrrald. Afterthe
delivered avery emphatic opinion on the
merits Of the case, in which the court
SAID:
tho WONT NJ tho .o,,t., tre emv r rer ~ onn VI
mission upon this fund was much dis
cussed, and, as the question is of some
importance, it seems proper that this
question should receive a little attention.
The compensation Of the county treas
urer provided by law for all money col
lected by him for each fiscal year is four
viding for advertising and selling lands
for delinquent taxes gives an additional
fee of four per cent, to be paid only so far
as the lands are actually sold, and out of
the funds received therefor. and TO be
collected in each case where the lands are
sold, and from the purchasers; but for all
other cases and services the treasurer
shall he paid in the same pro rata from
the respective funds collected by him,
whether the same be in money, territor-
ial or county warrants, The provisions
on the COMPENSATION of the county treas
urers are intended to fix the commission
of that office for collecting the ordinary
revenue of the county, and have no ap-
,1;o,t;on too f,,a bronrIt into tho oo,,,I-
Ei-eoe.0-. VIZ !0Ho o.0osn ~ y e9aH-
" treasurN Mlthout ms ms%truinentalltN.
II nonnnt n,,,>Iyy RI In ,Nrroao,1, NJ In,,lS
issued and negotiated nv TIC connfV com.
II;, -
lll9slV..cls. l-.S .olllllllsaloIls are uPol
money Collected by him.; but he did not
collect the proceeds Of the bonds.
HConnsoI Contend. ,b,t tho ,vord. .for
al, o,hor sar,inoa a.. ~ tLo ",o os, .. w.
H. Wv o,na 80, ~ ~ a.. ."so
aoo. .t,III Io oro, INV L, ~ ~ uaIn ns hnma o' +,
PM thn words hav va rofaro"no on,u ~ no
cases and services in tho s]n,,;nn ~ londs
f'r IaIinn"ant ,oSan ~ Io a;asa~t nt,t,o
y f,,,I aNes ~ ~ ~ paw our va ~
.ontsnIai TO-. .La'L nnE ,Ja'L,' .no
.,;s.,n"s -. :, L,n ~. XXI ~
W,a.e',,, ..m u,o mu eI," "r rJ, L ,"" "n y"1"; 10 20
.a.t %" 1bc ,o,. ." oue.,cJy ~ mn t"'t 10 nau
re h,s hoo, s,;1 ne, ,,l ,h,,
.h;s =; sc" orIr To- n"n; W.. W., " a". .n
III 10 ~ "n rro ""u L" , .
~; ~, aosn ~ Gs.tn "o.os Iii
800, ~, ~ oun $50 a. r,,s. D. go ,,na
."s ~ p"5
10, a",, ro,a ,ha.a :" ..Tho
vn . aan Inn to" - ,ssr" ~ 81, ,asa.
",hsro tho"o ;s not . /" nia;m sn W i, aMI
aInnn.ta ,au,ndv in no nriinprv sonrSa
"rII"" ~ ,horoo ;s :" s,,oh ran'aav $50
on o'rsao ~ low, - ;s n,oas
~. ""r;t c,n,nt NO ;nvo,ad W. ,h;nn
49, pol;t;.ni ro,o 100, az ~ oh,r oaI hns
nor;tnd s,,,L no,,od,. Nv, ,,aEim,. tho
nv Of tha no,,ntv c,ort q" rneai v;nT
u;nu, t,nns ~ tE,+ nn"nosa fro,n thoo
tnnritnr;.i o,d;,or or fr.in, Tho ,onn1S
n"ss;onars ~ he amt "1 na,,s
NJ - no ;nst;tntod nuainst snc,, troase
nu .n 80 ~ i've srrot;o. 81 anv - the,a 70
wa", ~" ~ ,nnnnr =, ,,n ds ". h ~
oIu,S tna,s,nnr u.,;oL No shnI f.;l ~
no" oror Tndnr III. nroS;";on - 10
a%%, ttot Z, nIa;n srnaa, ard adoon,to
remedy I III ' hen ordinary COURSE Oh Jaw wv
maintain"d" hc viii see that the sn.
nreme court furnishes a remedy at law
to compel county treasurers to pay over,
but it has said plainly that this remedy
is ll"'", SPEEDY and n"r?u"t'. These
Wofus are IN mat part Oh the uecision
Mm,rn e that 'r ,ha co "mo h n"'u eot 'S Se.id 1ne
question, admit to be real decision.
tic ease.
n, no' VIVA. I' o!aov .'e " TPha ! nn Mnaen W. W.
gether with MIR. Morgan's opinion Which
we printed September IL. was enough tC