The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-03-14
LOST, srRAYED OR STOLEN.

= ONE was BushlhB q BOSN ASN%N
deputies and insisting with all the
rover Il had that the employment OF
deputy sheriffs and deputy clerks al
the expense of taxpayers was unconsti.
tutional and fundamentally wrong
The sheriff of Canyon county didn't
take much stock in TIE TRIBUNEs
legal acumeD or its logical conclusions
aud proceeded to take the matter into
the district court. The court knocked
THE TRIBUNE out in the first round
In fact it was a regular FitZsimmons
swing aud must have landed squarely
on TIE TRIBUNB's chin, because since
that time 1t has been dumb as an Oys.
ter. We believe THE TRIBUNE did
whine little and talk about appeal
hut the appeal seems to have died "a
bornin." Possibly some new light has
struck our patriotic and economic con.
temporary peradYenture the sWag bag
hit IL in some lonesome spot. Anyhow
people hereabOuts are getting rather
anxious to hear more about this deputy
business. They want to know whether
or not sheriffs and clerks are entitled
to all the deputies they would like to
haye. We believe that view of the
matter Is beginning to prevail extreme.
ly and it Is not healthy for the taxpay-
ers. What has become of your appeal,
friend TRTBUNE? What made You
shut up like clam anyhow?
The above TRADE from the Preston
Standard reminds us of two things
First, of an analogous attack made on
TIE TRIBUNE some time ago by a
Nampa "Citizen"; and, second, of the
fact that a paper may go on advocating
n cause for months and years when, if
it slips few issues without hammer
ing on the same subject, hundred
fools are ready to jump up and charge
1t with cowardice, insincerity or even
down right dishonesty, But the Pres,
ton Standard is a fledglIng in the jour.
nalistic field and its lack of experience
is perhaps sufficient excuse for any
blunders it may commit in line with a
very common practice, In answer to
the Standard, We desire to say that an
appeal from the judgment of the dis.
trict court in the case of Sheriff Camp
bell will be perfected in due course of
time. We understand that the case is
in the hands of John 4. Morrison ESQ,
of this city, and we believe he is quite
competent to take care of it. We be.
lieve, further, that the case will go to
the supreme court on its merits, al,
though, we are inclined to think it was
not so presented in the district court.
1t is our humble opinion that the dis
trict court will be reversed. We do not
base our judgment upon the quality of
our legal acumen," but because it
seems to us that the trainers of the
constitution did not design to pay Off
GERS fees for every service performed
and then oblige the taxpayers to pay
other officers to assist the first officers to
do the work. 1t seems to us that the fee
fixed is ample remuneration for every
service required. We believe there are
plenty Of good, honest, competent men
willing and anxious to take the offices
for what can be legitimately made out
Of them under the fee law and without
expense on any other account to the
county. We believe that the constitu-
ton contemplates that payment for
services shall be made by those de.
manding it; that when a man wants
issued and service made, he
pays. for the work; when he wants
deed recorded or a paper filed, he pays
for it, and the fee in each case is in.
tended to be the only charge in connec.
ton with the business. When an Off.
Ger performs specific service for the
county, in its corporate capacity, he is
to the compensation fixed by |
law for such service; where no compen. |
'ation is fixed, none is intended. We |
believe that when the revenue accruing
10 the office of sheriff or clerk exceeds
he maximum, the county commission.
IT'S may dispose of the excess in such
manner as will best serve the public in.
crest, They may, we think, in the due
exercise Of the discretion reposed In
hem by the constitution, apply part.
IT all, Of the excess to the employment
# assistant officers; but we seriously
loubt il the discretion can be called in.
o operation until the excess is in eyi.
lenee. We are not assuming any SUI
'erior knowledge Of law or logic in ar
living at these conclusions. We sim.
'ly and mOdestly believe we are right
nd we shall cling to that belief until
ls Supreme Court of Idaho saws we
re wrong and If 1t says so we will sub.
bit gracefully and cheerfully and pro.
eed to do all in our power to have the
made right. But 1t runs
trough our mind all the time that the {
ext Fitzsimmons blow will not land /
n THE TRIBUNE's chin. In the mean :
me, the Standard should endeayor to
assess its soul in peace in the sweet q
lsuranee that In the long run right :
BUSINESS must prevail Il