Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1892-04-15

Cna0WlcK, C.F. Payne.
Forty:three names being required to
complete the quota, they we've appor-
toned as follows:
County at large, II.
Apple Creek, 2.
Boyd, 1.
Ecklund, 2. !,
G%lenview,.1.
L0gan,2 2.
Men0ken, 2.
Painted Woods 2.
Teller, 1.
Bismarck 10.
Ihe following names from the county at
large were drawn for the jury quota:
al. G. Arnold, Edward Adams, Henry
Crawford, J.F. Chalin, Chas. Gaskill, B. F.
Henders.P Philip McWilliams, Harrison r.
Pickel, Chas. D. Rodgers, Eugene H.
Sperry, John G. SWEET, Daniel W.. Tyler,
Chester A. Mattson, Joseph Montgomery,
Peter Larson, John Peterson, Ole Olson.
Petition Of JAS B. Glascock was read
praying that the tax for 1890 on his land
be refunded. 1t was voted that the prayer
Of petitioner be not granted.
Bill Of j.. Tibbils for balance claimed to
be due for justice fees for the LIST, I'd and
Sd quarters, 1890, amounting to $$44t So, was
referred to the states attorney.
In the matter of the payment for work
performed on fire breaks, the states at
torney submitted the following:
To the Board OF County Commissioners of Bur-
leigh county. N. D.
GENTLMEN: am of tho opinion that the
proper construc ton of section 8, of chapter
93 Of thelaws of 1891, this state, is that all
persons liable for the payment of road poll
tax in their respective districts shall, when
called upon under said section 8, perform
two days labor upon fire breaks without
recompense. Section 8 Of said chapter
gives the fire warden power to summon all
persons liable to highway tax, to work the
same In aiding to make fire guards.
When persons are SO summoned, their
work on fire guards is reformed in lieu of
road work and operates as payment Of
highway tax. The latter sectionh has refer
ence to road tax which is assessed upon
and levied against property; the road poll
tax mentioned in section 8, has reference
to the person or head and is limited in its
application to persons between twenty-one
and fifty years. The county commission
ers can not expend to exceed $1,000 in any
year for the purpose Of constructing
fire guards. They are limited to the ex-
penditure of said amount by section 8 of
said chapter 90.
F.. Il. REGISTER,
States Attorney.
Dated April 4, 1892.
l the matter Of allowing bills of the
sheriff for the performance of jailer and
jainitor services, the states attorney SUBJ
mitted the following:
To the Board Of County Commissioners of Bur
leigh county, ND. ~
GENTLEMEN: Section 1929, compiled
laws 1887, provides for the establishment
of a prison in every county, which shall
be kept by the authority Of the board of
county commissioners and at the expense
of the county. Section 1881 provides that
the sheriff or his deputy shall keep the
jail Section 1898 makes it the duty Of the
sheriff to provide board generally, bed
clothing, washing, nursing when required,
u and all necessaries for the comfort and
welfare Of prisoners, as the Judge of the
district court by rules shall designate for
persons confined by law, and the sheriff
shall be allowed ouch compensation for
services required by the provisions of this
act, ian act for regulation Of county jails,
revised code, 1870 not section 1929 solely,
as may be prescribed by the county COM
missioners. On August s, 1890, the board
o county commissioners Of the county
passed q resolution fixing the salary of
jafler and janltor Zone ofice) at $75 per
month.
Under said section 1898, the board Of
county commissioners had the power to
compensate. the sheriff for Services per-.
II formed under said act, and In my opinion,
$50 long as said resolution is in force, a
warrant can legally be drawn to the 'sher-3
III for jailer services under said act. This
isin9t q case where the law imposes a duty
upon q public officer and provides therefor
mo c0mpensation, form such a case the Of
fcer must performsthe duty without pay.
Sis my opinion under said resolution,
since the law does not exact Of the sheriff
the performance Of ~janitor services, that a
warrant q be legally drawn to the sher-
4 III orsto any person who performs the SER
vices Of janitor under a resolution OF en-
ployment.
3s F. q. REa1sTER,
States Attorney.
The auditor wa instructed to notify the,
oYerseers Of the poor Of Attleboro, Mass,
0f the confinement in the hospital Of Geo.
.4Sh0DardSOn. a destitute narann and =