Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1895-01-16
Compromised.

In the matter of the compromise and offers of
compromise made upon the report of special
examiner &, II; Nixon filed in the office OF
the county clerk OF Barber county, Kansas,
on the 9TH day of October, 1894.
Be it remembered that on this 18th day of
January, A. d. 1895, the above matter came on
for hearing. There was present each member
OF the board Of county commissioners, F. a.
! Lewis, county clerk, Leon Beals county attor-
neg. and e. Sample. special counsel on behalf
of the county. There was also present ]. w.
Potes county treasurer, Frank Gordon, ex-
county treasurer. w. T. Rouse ex-county
| clerk; and thereupon came on for considera-
| tion the said report of said E. H. Nixon speci-
al examiner. e. B. Peck ex-county treasurer
being absent.
After hearing evidence from all parties in
| interest and after being fully advised in the
premises and after argument by counsel and
parties, the board of county commissioners
does find that from the report on file for fees
| as shown by such report, E, P. Peck is indebt-
ed as county treasurer to said county of BAR
Der In the sum Of one hundred and thrty-four
| dollars and f1ve cents; that f. L. Gordon as ex-
treasurer of said county is indebted untos the
said county In the sum of s15l .S5; that j. W.
Potes, the present treasurer of said county is
indebted to said county in the sum of 1891 90;
eA~s W A. hOuSc cA-COuAIy clcrk Oh SAID cOun-
~ is indebted TO said county In the sum of
$25O.06; that F, A. Lewis the present county
clerk of said county is indebted to said county
in the sum of $I204. 80.
The said board of county commissioners
does further find that each of the said parties
viz: E. b. Peck ex-county treasurer, T. L. Cor
don ex-county treasurer, j. W. Potes the pres
ent county treasurer, w. T. Rouse ex-county
clerk and II. A lavvia no oIa
each deny liability TO the county for any of
the fees set forth in the report of the said spec
iai examiner E. 81. Nixon, and each claimed
that said fees had not been received, and if re-
ceived had been taken under the claim that
they were due the respective officers. as based
upon the reports OF the attorney generals OF
the Stete OF Kansas, and their opinions Is well
as the opinions of the various county at or
neys of the State of Kansas as they were
shown TO have been made, and thercupon
there came on for consideration of cempro-
mise of said GLAZING, for the purpose of avoid
ing litigation upon the part of all parties in
interest viz: E. B. Peck ex-county treasurer,
+. L. Gordon ex-county treasurer. J. w Potes
county treasurer, W. T, Rouse ex-county clerk
and +. A. Lewis county clerk.
r. A. Lewis, T. L, Gordon, J. w. Potes and
W.T.. Rouse submitted propositions which
were rejected by the board of county commits
sloners, and thereupon the board of county
commissioners submitted the following COM
promise proposition, viz:
That F. A. Lewis pay sl91 .66, the same to be
taken out of his salary as county clerk in four
payments of equal amounts each; the first pay
ment to be taken out OF his salary at the April
term 1895 of the regular meeting of the said
board; that the remainder OF equal amounts
fob <Nark<n I, to-
and January terms hereafter; and that the
said +. A. Lewis, give his promissory notes for
the payment of such amounts, each due on the
LIST day of each regular meeting of the board
of county commissioners same to bear inter-
est at the rate of per cent. from date of ma
turity.
That J. w. Potes, Treas. pay SlOs66, the
same to be taken out of his salary as county
treasurer. in four payments in equal
amounts each; the first payment to be taken
out of his salary at the regular April term
1895 Of the said board that the remainder of
equal amounts taken out Of his salary at the
July. October and January terms OF the said
board, and that the said j. w. Potes give his
promissory notes for the payment of such
amounts payable each OH the first day of the
regular meeting of the said board of county
commissioners. The said notes to bear inter
est at the rate of per cent after maturity
That w. I. Rouse, ex-county clerk, pay S95
in five payments-viz: SIS in cash, and the
balance In four equal payments byhis promis-
sorry notes due on the first days of April July
and october, 1896 and the first day of January
1915. The said notes to bear interest at the
rate of per cent from maturity
That +. Il. Gordon, ex-county treasurer, pay
S5S.34 In four equal payments by his promis-
sorry notes due on the first days of April, Ju-
ly and October 1896 and the first day of Janu-
airy 1895. The said notes to bear interest at
the rate of per cent from the date of maturi-
ty.
That e. B. Peck, ex-county treasurer, pay
1894 In four equal payments by his promfs-
sorry notes due on first days of April, July and
October 1895 and the first day of January 1896
The said notes to bear interest at the rate of
6 per cent from the date of maturity.
That thereupon came F. A. Lewis, W. T.
Rouse and ]. W. Potes and accepted the fore
going offer of compromise and gave their
notes as set forth in the foregoing compro-
mise, each person giving his individual notes
and with the understanding that the county
should not release the respective bondsmen
1t is therefore ordered by the board that the
said F. A. Lewis, ]. w. Potes and w, T. Rouse
having given their promissory notes as above
provided, the same are hereby accepted by
the board and this release is conditioned upon
the payment Of the notes as they become due
and without release of any bondsmen except
for the amount herein specified, it being dis
tinctly understood that the said Lewis Potes
and Rouse have accepted the terms of the
compromise as well as the bondsmen by &C.
cepting this proposition.
1t Is therefore ordered by the board that f.
a. Lewis, J. w. Potes and W. 7. Rouse be re-
leased from any and all prosecution arising
out of said report OF said special examiner
heretofore referred to. And it is further or
dered that F. L. Gordon and E. b. Peck with
in 20 days here from accept the proposition Of
compromise by the said board and in case of
failure to accept said proposition it is there
fore ordered that the county attorney proceed
against the said parties and their bondsmen
as the law requires. And it is further order
ed that upon the acceptance of compromise
already made, that the county attorney be al
lowed upon presentation of his voucher, 3 per
cent upon the amount of acceptation.
JAMES STRAEATHAE,
Chairman.
J. A. MURRAY,
N. G.. RowLEY.
Lone Star Items.