The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-04-17
Commissioners Take Action in the County
Surveyor Matter.

Yesterday the county commissioners
took hold OF the horn OF the county sur
veyor dilemma and settled il for one
quarter al least provided Ransom
Brown does not kick.
Shortly before Mr.. kessler went out OF
Office the county commissioners discov-
cred that the law contemplated paying
the county surveyor only for the time =
would actually require him TO transact
the Office business. The law governing
the matter is as foolish as a great many
other laws and Daniel Webster, John
Marshal and the late William Black
stone could put their heads together. il
thel lived, but could not tell what il
means II says one thing and means
a hundred other things 1t might as
we'll have been passed in the insane
asylum as in the legislature for all the
intelligence and clearness 1t shows.
Dark and contradictory as il is some
bright minds have sized IL all up and
thinks that il means to allow a county
surveyor 81 for every day he keeps his
Office open and that in a county the size
Of SedgWick il is not necessary TO keep
IL open more than one day in the week.
That is about what the county commits
sioners thought when they were called
upon TO pass upon the account OF Mr..
Kessler for the last quarter he was in
office although they allowed him 10 keep
his office open six days in the week al
the rate OF 81 per day for the preceding
seven quarters he was In office. This
however, was allowed because up 10
that time the attention Of the commits
sioners had not been called 10 that COM
plexion OF the law which indicated
strongly that its intent was 10 allow pay
for only one day in the week. The one
day construction is mitigated 10 some
extent by the fact that other cOnstruc-
tiGns and interpretatio tons indicate that
the commissioners may allow more il
necessary. Now then the surveyor
comes in and asserts that il is necessary
for the Office TO be kept open six days
in the week for the convenience OF the
public. He accordingly put in his bin
at the end Of the quarter at the rate of
81 each day for every day in thequarter
except the Sabbath. The commission
ers did not propose to pay il and for
two days they argued the matter with
Mr.. Surveyor Brown. Chairman Webb
Of the board at first thought that the
one day idea was correct within the
meaning OF the statute and thought that
as Brown would not be satisfied with
that he could sue for the balance and
by that means the court would be called
upon for a judicial opinion that would
settle the ma tier. Mr.. Harmon thought
that Mr.. Brown might be satisfied with
keeping the Office open three days in
the week while Mr.. Wilson thought
that four days might be nearer right
1t was finally agreed TO pay Mr.. Brown
half his bill, that is to allow him 81 q
day for half of the week and to pay
him that hereafter, Mr.. Brown himself
TO select either the three first days Of
the week or the three last and notify
the people OF the same. This Will give
him S12 a week and half the week TO
make as much money on the side as he
can. 1t is not known whether he viii
accept these terms or not, but he prob
ably viii.
Some lawyers say that owing 10 the
law governing appeals il is necessary to
keep the Office open every day in the
week except Sunday. \ man is allow
ed by the law thirty days 10 file an
appeal and has the right to file the ap-
peal and day within that limit that ne
chose If the office is closed three days
of the week, according 10 the legal abil-
ity heretofore referred 10. the oppor-
tunity to exercise that right is taken
away from him.
The easier way out of the whole mat
ter is for the next legislature 10 pass d
sensible law governing the subject