The Superior times. [volume] (Superior, Wis.) 1870-1912, 1897-06-05
WHO PAYS THE BILL.
Reported at Waupaca that Inves-
tigating Committee Must
Stand the Expense,

Waupaca. Wis, Iune ii SpeciaL1-
Another sensation has developed in the
Goldberg case. This time il is one that
pleaScS the taxpayers and the Goldberg
faction. but one that the investigating
committee will not relish. Col. Thorn
and his associates. it is predicted will
have reason. in the light Of the develop
mentS, 10 wish that they had left the in
VeSugatlon of Mr.. Goldberg to richer if
less relentless persons. The SenSa-
ton consists of the discovery of the
tact that the expenses of the long and
costly trial Will have To be borne. not by
'he taxpayers, but by the committee
which lnStlgated the investigation.
County Officers to be Enjoined
Certain heavy taxpayers. it il reported,
nave been looking into the matter and
nav" been advised by some of the ahleSt
attorneys in the state that there. is no
law under which the costs Of the trial
can be loaded upon the county. and upon
that advice they are preparing to cnioin
the officers of the county if they attempt
To pay the costs. Already the county
treasurer has been notified that if he,
honors any of the orders issued upon the
ccrtlhcates he Will have TO do il upon
ms personal responsibility. and he and
ms bondsmen will hc liable Litigation
Is certain To follow. it is said if any at
tempt Is made to have the costs paid
ana the county board will be eniOined
II 1t tries to make an appropriation TO
meet the expenses of the trial
1t Is held by those who take this view
OF the case that the trial was proceed
lhS under the common law. and that at
common law the man who inStigateS a dis
paflnent proceeding must stand the cost.
Just as the respondent must stand the
cost OF his defense. The trial was not 4
criminal proceeding. il is held. nor pure
~ clVIl proceeding. but = quasi criminal
proceeding under the common law. There
Is no Statut" IN this state on the subject
OF dISharmcntS. and it is maintained that
where the statutes are silent on the sub
jcct no liability can be created 1t is as
serted that the court can create an cN-
pense for the county only in criminal
cases and that in this raSe it had no
power to make such an expense.
Costs in Previous DisDarnent Trial.
If the court did not have the right to
create the liability. it is urged. the coun-
~ VIII have no right TO meet it. and the
taxpayers referred to will take steps to
cStop the board if it seeks TO pay the
expenses. IT IS said that in the few dis
bArm"mt cases this STATE has known
those who began the proceedings have
he"n obliged to stand the expense. If
th" matter comes into court, il is very
likely to. and the court should take this
fall upon Col. Garrett T. Thorn of New
London, Frank NJ. Guernsey Of Clinton
vile and T. +. Wheeler of Wauuaca.
who constituted the investigating com
mitttC. Judge Cate of Stevens Point
WAS in the case only as counsel and would
not lee liable.
just how much the trial will cost is
not knnWH. Estimates vary all the way
from $1,000 10 10000. DISTINGUISHED peo-
pie who know something about such mat
tcrS and have made figures put the cost
At from $500 to $1,000. The people OF
Waupaca have had to stand the cost of
some very expensive trials and they have
grown very tired of it, The investigat-
ing COMMITTEES has been criticised for
making 80 large a bill in this ease. and
there are good many people hero who
Will rejoice if the county escapes the
load. They are not Goldberg sympa-
thlzers particularly. but they do not care
who pays the costs, or whether they are
paid at all, if they escape.