The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1895-02-21
J. B. LoHAUs,
Chr. Com. of the Whole.

report of supervisor Lohaus, as
chairman Of committee Of the whole
be accepted on claim No. 90 and
bill be disallowed, which was sec
Onded and carried.
Dist. Atty. Buckmaster gave the
following as his opinion relative to
claim No. 80:
GENTLEMEN In response to your
request for a written opinion in re
lation to bill No. 80 in favor Of Eiba
Weyhe for services from Jan. /,
1895 to Jan. Z, 1895 l would say
The statue provides that the term
of office of the sheriff shall begin
and end on the first Monday in
January. and shall be for term Of
two years and that he shall hold his
Office until his successor shall be
elected and qualified. Plainly then
the term Of office of Mr.. Weyhe did
not expire until noon Jan. Z, 1895.
The statue seems to recognize the
political year as extending from the
first Monday in January of one year
to the first Monday in January Of
the year following. The county of
Kenosha was under contract with
the sheriff for term of one year
beginning on the first Monday of
January 1894 Evidently the in
tent Of the contract was that the
period Of time covered by the con-
tract was from the first Monday in
January 1894 to the first Monday
in January 1895 There being a
latent ambiguity in the terms of the
contract. the intent of the parties
must govern il such intent can be
ascertained from the facts and cir
cumstances. And it seems that the
contract was intended to cover the
remainder of Mr.. Weyhe's term as
sheriff and thatit was so understood
by both parties to the contract.
But there is a stronger reason
why the bill as presented by Mr..
Weyhc should not be allowed. Mr..
Weyhe disafirms the existence of
the contract after Jan. | 1895, and
at the same time presents his bill,
for the amount due pro rata ac
cording to the terms of the contract
which he disafirms. He cannot
disclaim the contract while claiming
under it.
If Mr., Weyhe's claim against the
county is legitimate it must be I'M
der the provisions of the statutes
providing fees for sheriffs and not
under the terms of the contract.
Such a bill should have been item
lied and verified in the usual form.
But it is a question Of very grave
doubt as to whether such bill could
be valid as against the county un-
der existing conditions. In my
opinion the contract should be con-
strued as covering the remainder of
Mr.. Weyhe's term as sheriff.
Respectfully yours,
A. E. BUCKMAsTER
District Attorney.
To the Board Of Supervisors of
KenoSha County, W5s.:
GENrLEMEN:-Yo committee of
the whole acting upon bill No. 100,
relative to payment of claim of G. |
4. Dewey for heater for court room,
zinc, etc. amt. SIS 25 beg leave to
report the same to be correct and |
recommend the same be allowed
j. B. LOHAUs,
Chr. Com. Of the Whole
Supervisor Curtis moved the re-
port be accepted and bill allowed.
Seconded by supervisor Gull and
Supervisor Curtis moved that the
couuty agent make report of inven-
tory of county offices.
Seconded by supervisor Lohaus
and carried.
Supervisor Curtis moved that the
board designate the hour of II
O'Clock noon today as the limit of
the time ia which bills will be re-
ceived for adjustment at this session;
except bills for supervisors fees and
mileage.
Seconded by supervisor Lohaus
aud carried.
NEW CLAIMS PRESENTED.
No. Ill, D. G. Lloyd services in
insane case and balance on expenses
at Madison, amt. S33 "a referred to
committee of the whole
No. ll2, Isaac 7. Bishop, balance
OH expenses to Madison. amt. S10.28
referred to committee of the whole.
Motion made to adjourn by sup
eryisor Hall until O clock p. m.
Seconded by supervisor Ernst and
carried.
HERBERT E. ROBBINS,
County Clerk.
ErJ,FRNOON SESSION