People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1896-11-26

ulVldual mas Just as much power and
authority and as many rights in any
given office as any other individual in
the same same office. The law deals
with the office and not with the in
dividual who happens to fill it for the
time being. We believe that Woods
Is ri5ht in his contention that he has
the right to do as he pleases about
bringing these suits, independent of
the county commissioners. We also
believe that when Rogers becomes
county attorney, if he sees fit to take
charge of these cases in the United
States court he has the right to do so
and that he would be entitled to five
per cent. Of all the money collected
on these bonds during his term of
office.
There is a very clear and marked
distinction between what the county
attorney is required by law to do and
what he may choose to do in reference
to county suits pending in courts out
side the county. He cannot be com.
lelled to 50 beyond his county 10 at
tend to such litigation; but if he sees
proper to do so, who is to say him
nay? The supreme court has said:
The county attorney derives his
authority from as high source as the
county commissioners do theirs. He
is elected by the people of the county,
and for the county; and he cannot be
superseded or ignored by the county
commissioners" And again the same
court has said: "A county attorney
is 10. ,eQuIed By law to g0 beyond
the limits Of his county to do busi-
ness for his county, but if he does he
may be allowed a reasonable cOmpen-
SatiOn for his service, in addition to
his salary"
But after giving this advice to the
commissioners, Woods informed them
that lie desired to see them privately
upon this matter. Then came a pro.
ceeding that would be remarkable and
startling had it not become so COM
mon. For almost four hours a "star
chamber" session was held in the
county attorneys Office behind closed
doors. The county commissioners
business is the cOunty's business. 1t
is the business Of the public. The
commissioners have no greater in-
tereSt in it than any other citizen.
The law contemplates that their meet
ings shall be public. Presuming that
their actions will be honorable and
honest, there is no good reason for
star chamber" sessions. Such pro-
ceedings are very liable and we'll CAL
culated to give rise to the suspicion
that some scheme is under discussion
that will not bear public scrutiny and
the broad light Of day. We do not
mean to say that there was a job to
be put through yesterday, but the
proceedings were exactly those that
are resorted to in 'jobbing" times.
After being clOseted for some time,
Woods went down town and returned
with ]. T. Herrick, James Lawrence
and W. W. Schwinn. A long confer
ence was held between these gentle
men, when the commissioners emerged
from the county attorneys Office and
stood around like wall flowers for
more than an hour.
Finally they were again summoned
to the county attorneys Office and
another conference held, which lasted
nearly an hour. Then the whole
party filed into the commissioners
room and W. W. Schwinn sat down
and commenced tn write.
His product proved to be a joint
proposition from j. T. Herrick, James
Lawrence, H. L. Woods and W. W.
Schwinn to sue Oh these bank bonds
in the United States court at Wichita.
Their compensation was to be two per
cent. Of the full amount claimed by
the county TO be paid as soon as the
suits were filed; an additional two per
cent. Of the amounts for which they
might recover judgment at Wichita,
to be paid when the judgments
were rendered, and, il an appeal
should be taken, then an additional
one per cent. Of the amount finally
recovered.
1t was evident from the first that
Commissioner Espy was for this prop
OsitiOn. Commissioner Murphy wa:
not satisfied about that five per cent.
allowed the county attorney by law.
He said he didn't want to pay for the
same work twice. Herrick and Law
renee stated plainly to the board that
they did not desire to be understood
} as assuring the board that the county
: attorney could not collect this com
J mission. Judge Herrick remarked
} that some months ago he and Mr.
| Lawrence had made a proposition tt
bring these suits in which they Offered