Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1896-12-17

III an appeal taken from MultnOmah
county, the supreme court decided
that the clerk and sheriff of Lin
coin county were under the salary
law. But the legislature having
failed to fix these salaries, the clerk
and sheriff still continued under the
fee system, until the Corvallis at
torneys refused to file papers under
this system and the clerk was
threatened to be sued. Therefore,
after consulting the county court
the court decided that we were to
still continue under the fee system
as far as our individual fees were
concerned, but to accept the fee
from attorneys who wished papers
filed, as under the salary law of
1895. The court instructing us to
serve under this system until our
term of Office expired, at which
time, in July, 1896, they would
again consider the matter, SAYING
that it was best for all concerned to
continue under the fee system until
the meeting of the next legislature.
When Judge Stearns was ap-
pointed by the Governor to fill the
uneXpired term of Judge Burt. He
ruled that we were not properly
under the fee system, and that the
court could fix the salaries. Refus-
ing to let us work under the fee
system. Therefore, in Septem-
Der, 1896 we filed a petition claim.
ing the same salaries as provided by
law to the sheriff and clerk of Ben
ton county and praying for the
court to give us a hearing at once
and to answer Il petition yes or
no, Sc as to give us time to act in
the matter. The judge referred the
matter to the district attorney, who
gave the court his views of the law
and decided that we were not under
any salary, and that the court could
fix our salaries until such time as
the Legislature should meet. Clos
ing his opinion in the following
language: and I take the liberty
of suggesting to YOU, in view of the
ambiguity of the law relating there
to, that you make the same reason
ably liberal" Therefore, after
waiting four and a half months the
county court, at its December term,
fixed the salaries as follows: The
sheriff, $I5o per mouth, and the
clerk, 500 per month.
Now as to the work Of the county
clerk. In Benton county the county
clerk IS clerk of the circuit court,
and receives the sum of $50 per
month and is also allowed one
deputy at s. per day for and during
each meeting Of the county and
circuit courts, also additional help
in making his assessment rolls and
delinquent rolls.
The county clerk Of Lincoln
county is also clerk of the circuit
court and also county recorders, ex-
oficio. For his services as recorder
of Benton county the recorder re-
ceives an annual salary of $1,000
per year also $40 per month deputy
hire. Therefore, it will be seen
that the clerk and recorder of Ben
ton county receives the sum of
$2, 500, besides deputy hire, for
doing the same work that the clerk
of Lincoln county is asked to do for
$1,000 per annum. And the re-
cord matter is as great in Lincoln
as in Benton county.
The expense of the clerks office
is one deputy at $50 per month, and
extra help during the term of
circuit courts and for making the
assessment rolls and delinquent tax
rolls, for which we have paid out
over 5000 per annum. Thus leav-
ing the clerk at the salary fixed by
the court less than $500 per annum
for his services.
We believe that it is law and
precedent that the compensation Of
any officer cannot be lowered during
the term of office for which he was
elected, and we think we are EN-
titled to the sum equal to the
amount allowed us under the fee
system. Had the salary of the
clerk have been fixed at $500 or
any other or less sum and we had
saw fit to have run for office and
were elected we wonld not enter
any demurrer. We are quite
willing to accept the salary that the