The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-01-12

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Bounds-Kessler Appeal to the County
Board of Commissioners for Justice,
Through Senator Gordon-His Salary
Shaved Down to Four Dollars Per Week
John Davis Stands Up for the County
Appeal to be Taken.
Yesterday the great question Of the
income of the county Surveyors office
was up before the county commissioners
and 1t called forth some eloquent elo-
gence.
at high noon tomorrow County Com
missioner Matt Bush wiH go out of Of
fee, 50 will County Surveyor Kessler
and the new county surveyor, Mr..
Brown, will be installed.
Mr.. Kessler put in his bill yesterday
for the eighth quanter Of his term at
twenty-four dollars per week and the
county commissioners took their blue
pencils and cut it down to four dollars
Per week, they having discovered some
time ago that a surveyor need not hold
his Office open more than one day III a
week.
Senator Gordon 10 speak before the
commissioners on the subject and the
commissioners called in County At
torney John Davis to Offset the arglI-
ment Of Senator Gordon.
Yesterday afternoon both appeared
and had it out" as the saying goes.
Senator Gordon insisted that il was a
gross injustice to cut down Mr. Kess-
ier's bill as they did not notify him of
their intentions so to do. He told them
that they had allowed him $24 per week
Tor twenty-one months and that he had
the right to expect the same salary for
the remainder Of the term. He said
that Mr.. KeSsler remained in his office
every day in the week as he had been
doing during the proceeding twenty-one
months and that he was entitled to pay
for doing so. If he had been informed
Of the intention of the commissioners
he could have found other means of
livelihood during five days in each
week.
You have said to this man." said
Senator Gordon, that he was entitled
TO keep his Office open six days in the
week by paying him for six days in
each week during the past seven quar-
tiers and having not notified him that
you had changed your mind, you are in
duty bound 10 pay him the same salary
for the same service up to date" Mr.
Gordon thought the law did not con-
template that the county surveyor
should keep his office open and draw
pay only one day in a week. He said
that the law gave the public thirty days
TO appeal from a decision of the survey
or and that an applicant had a right to
make the appeal any day within that
limit. He then asked how the appellant
could exercise his rights under the law
tf the surveyors Office was closed five
Sixths Of the time He also insisted that
the law did not contemplate that the Of
flee should not be open more than one
n In, IN, To-
Sedgwick as it would be unreasonable
to think that the business Of this county
could be done in one day in the week.
He thought that the commissioners
could ascertain how many days in each
week would be sufficient to transact
Business in the surveyors Office for the
accommodation Of the public and that
Ct was their duty to specify said dates,
but as this had not been done, Mr.. Kess..
der was entitled TO his full salary up to
date.
County Attorney Davis said that the
commissioners were honest in their be
lief heretofore that the surveyor was
empowered to keep his Office open six
days in the week and draw six days
pay, but that when they discovered
their mistake they should then follow
the law as they We're now doing. He
also said that Mr.. Kessler was honest in
the view he took of it but that was not
the law He admitted that the law was
very muddy but that it was sufficiently
clear for everybody TO understand that
It meant that county surveyors should
keep their offices open only one day in
the week and draw pay for only one
day. He said that the commissioners
were given no power any where in the
statutes to specify what day in the week
the surveyors Office should be kept
open. He did not go much on the
theory advanced by Mr.. Gordon relative
To the thirty days for appeal and cited
the fact that the faw is the same in
counties of a population under 1000,
where the law limits the surveyor 10
only one day in month, hence that ecr-
saGn months are more than thirty days
and the appellant could not possibly
comply with the law.
The arguments were very well argued
on both sides and the commissioners
listened to them intently.
County Surveyor-eleCt Brown was
present and took a, great deal of interest
in The proceedings. Mr.. Brown will
take the office Monday, and it concerns
him 10 know whether he is to draw 81
or So per week from the county.
County At Jrney Davis is anxious "a
see the ca so to the appellate court
for final decision. He is willing TO agree
10 a statement of facts. present them e
Judge Dale of the district court and
after his decision 10 take it TO the ap-
pellate court He thinks the question
cOuld be advanced in both courts and
that a decision could be reached soon.
1t is very probable that Mr. Brown
win be notified by the commissioners
tomorrow that they Will allow him pay
for only one days services in each week