Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-12-29


TO the document.
Hon. q. w. Atkinson presented Mr..
NJ. F. Dryden TO the Board as an APP
plicant for certificate 10 practice law,
ard the usual questions being answered
in a satisfactory manner, the certlh-
cate was ordered made out.
The appointments Of Sheritf-elect A.
A. Franzheim were confirmed.
Committee bills were ordered paid as
followS:-
Court House and Jail .....~. ............s 9gi 10
Finance ......... S01 "a
Poor House and Farm 2OS %
County Poor Fund ~. W
Roads aud Bridges I'oo- 20
The recommendation of the Commit
tee on Court House and Jail that two
additional radiators be placed in the
main guard room OF the jail, was
adopted.
The Superintendent of the Infrmary
reported seventy-Oue inmates, with one
birth during the month.
Prosecuting Attorney John A. How
ard then presented to the Board a pc
tition for an increase OF his salary from
81, 200 year 20 -, GOO, and in the paper
set forth his reasons for asking the ad-
vance, among other things stating that
the Legislature, recognizing the large
amount of work devolvng upon the Of
Gee in the county, had authorized
the Board to make the salary not to
exceed $1,000, but that iG had
never been done, although the SAL
aries OF the Assessors had been in
creased. The counties OF kanawha,
Wood and Mason were authorized TO
pay salary Of $1,000, and the two first
named fixed the compensation at the
maximum amount permitted by law, al
though in neither was the work more
than half as arduous as in this county,
while in Mason county, where the SAL
ary was 81 900, the work amounted to
nothing by comparison. MIR. Howard
further stated that IL the increase asked
for was made be would be willing TO
employ assistant counsel at his own eX-
peuSe, whenever such assistance was
deemed necessary by the Board, and
cited the fact that during the past two
wears over 81 600 had been eX-
pended by the Board for the employ
ment of extra legal advice. Extra aid
was very frequently desired, and he
thought it would be money saved TO
the county to make the change request
ed, besides being an act OF justice TO
himself. Among other things, Mr..
Howard cited the City Solicitor, who
was paid $1,000 merely for occasional
advice, and an infrequent appearance
in Court, while the Prosecuting Attor-
ney, who had a salary Of $500 more,
had four times the work TO do. Mr.
Howard also referred to the popular
idea that the Prosecuting Attorney
reaped quite a large amount OF money
in fees in criminal cases, and showed
that during the four years he had held
the Office, he had not received a cent
for felony case. 1t was true, he said,
that the Legislature had provided
that there should be fee Of
$50 for the Prosecuting Attorney
for every conviction in felony case,
but the Legislature expressly provided
that neither the county nor the State
should ever pay such fee, leaving it TO
be paid by the man who goes TO the
penitentiary or who is 10 be hanged.
He said it was scarcely necessary to say
that the fees were never paid. II was
true that he did receive fee Of ten dol
lars for every conviction Of a miSde-
meanor, hut there the county or State
paid nothing, the defendant having the
fee taxed in the costs and paying IL with
other Court fees. During the last four
years, the books OF the Sheriff showed
that he had received from such fees the
g q h,,. 4
year. aud as an Offset, he had been com
PEELED TO employ an assistant and 20 in
cur many expenses which had TO
be paid out Of his own pocket,
and which ate up the fees
spoken of. In criminal causes many
matters. all costing money, had TO be
attend 10 before the State could safely
20 10 trial, aud these expenses gener-
ally fell upon tae Prosecuting Attorney.
In recent case he had paid out $40
himself in order 10 secure evidence 10
ensure a conviction. Mr.. Howard sup
plemented his petition with a verbal
statement, in the course OF which he
gave strong reasons why the increase
should be granted, and cited many in
stances Of injustice. He said he had
often appeared in criminal causes in
which he received nothing In the shape
Of extra compensation, while attorneys
opposed to him had received fees
amounting 10 almost as much as his en-
tire yearly salary.
Mr.. Bates moved to grant the increase,
and an ordinance TO that effect was pre-
sented and read first time, when Mr..
MeGregor objected TO its further con-
sideration. A discussion ensu ed, dur
ing which Mr.. McGregor said that while
he believed there should be some in
crease of salary, he was not quite pre-
pared to say that it should be $4,000.
He would like more time TO reflect upon
1t. Several members expressed them
selves favorably to Mr.. Towards prop
osition as being fair, and sitter gener-
al talk, during which Mr.. Howard
agreement TO himself pay for extra
counsel whenever the Board deemed
that such were essential had been placed
in the ordinance, Mr.. McGregor with
drew his objection, and the matter was
deferred by unanimous consent until
tomorrow, when it is likely the meas
ure will pass.