The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-16
He WANTS MORE SALARY
A Mandamus Proceedings Before
the Supreme Court Involving
Big Question.
County Attorney Herford Asks
an Increase Because Yellow
stone Rose a Glass.
transcripts Filled on Appsais-KsiiogE's
Counsel wan Answer the Medical
Boards Charge Against Him.

The question whether the advanos Of q
county from one class 20 higher class car
Tios with 10 an increase Of the par Of the
county officers Is 10 be tested before the
supreme court. I be legislative assembly
In 1891 passed what was known as she salary
bill. II gave "a stated salary 10 all officers
Of counties. and abel shed the fee aystem.
The counties were divided into GLASSES.
which wers fixed By the valuation OF taxa
bic property In the several counties. In
counties Of the first Glass the officers re-
ceivod the highest salaries; officers In second
class counties the next highest etc. UndsT
this law Yellowstone county became third
class county, aud lite officers wers paid en-
that basis. Whsn the assessment Of yell
lowstons county was adjusted and fixed on
the second Monday Of August last, IL was
shown that the valuation OF taxable prop
srty in the county. outside OF failroad
property, was 50, Ill. 1894. Under this val
ustion YslloWstons county became a county
of the second class.
James Il. Hsrfol d is the county attorney
OF YELLOWSTONE. When the county was
thifd class. al the time he was elected and
up TO the second Monday of August ias,
his salary was paid AZ the rate OF 81 200 a
year or 800 a month. one hslf By the
county. the other half by the state. when
YslloWstOns became a seoond class county
Hsrford demanded 20 be paid al the rate OF
$500 year. or 1925 a month. The county
commissioners allowed him at that rate.
When be presented his bill TO the state
auditor for S62. 80 for the STATES half Of
his monthly SALARY. the amount Was not
allowed. Instead he received $50. the same
IS he got when YeiloWstons was q thi d
class county.
County Attorney Herford applied 10 the
suprsme sourt yesterday for a writ of man
date TO compel Auditor Cook so pay him
the states half of his sAlary % the in
creased rate. The petition sets forth the
fenta already stated. The writ was made
teturnAbls March g.
An appeal has been taken 20 tbs suprsme
oourt by the plaintiff In the OF the Elkhorn
Trading company vereua the Tacoma Min
ing company and W. X. Rust. IL Was an
action tried In Judge Bucks court to faa-
ten resi- onsibility on Trustees for failure TO
make an annual statement of the affairs of
corporation. Judae Buck ruled that the
ElkhoIn company had proceeded upon the
theory that the statute requiring an annual
report Of the affairs of a corpo alton was a
penal statute. lie did not think 10 Was. to
tLo oAtent commended Tor, ana gave JudR-
msnt fer defendant A motion for a new
trial was overrulsd ana an appeal taken on
errors Of law aud the Rrsund that the iadR-
mont was against the evidence.
Another appeal filed was in she ease of
Patrick Crowley vsrsus the County Com
missioners of 0allatin. The commissioners,
acting on . petition, decided 20 open q
county road through Crowlsy's ranch. On
Crowley's application Judge Armstrong
issued . restraining order en- the oonnis-
sionsTs. bat subsequently dissolved the in
junction. Crowley claims in his appeal
that one of the viewers appointed 30 lay out
the road was enc of the Hignsrs Of the peti-
ton fog the opening and another of thu
three was = brother in-law of that one
J. ". kinsley counsel for DIR. Edwin $.
Kellogg in the laitsI's appeal from the ao-
tiOn OF the GtAto medical board ia rsvokinG
his license as a physician, was In Judge
Hunts department Of ths district court
Yesterday looking for information as TO
how 10 prosesd. lie wanted 20 know
whether his client should plead 10 she
charge. ss II IL we're q criminal proceeding.
and a. be did before the medical board or
whether it required an answer as in civil
actions. A the proceedings psttOok some.
what Of ths nature of disbArment cases Of
lawyers, Judge Hunt said IL would DO
proper TO hls an answer denying or eI-
planning the charges. Dr. keliogs's al peal
comes up for trial March /. IL ia under
stood ths doctor has a deposition from the
woman whose prsmatursy born infant was
but that he will not make use of II on the
trial unless compelled 10 do so in order 10
exonerAte himself.