Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1897-10-05
The CASE DISMISSED.
Decision of Judge Fellows in the Board
Of Supervisors Case.

Below will be found the decision of
Judge Fellows in the "certiorari" case
brought by E. r. Acers against the
Board of Supervisors, which explains
itself. The court listened to Mr.. Acers,
and then rendered his decision, de-
clining to hear County Attorney John
son:
In the District Court held in and for
Winneshiek County, Iowa. Septem-
Der term, 1897.
E. r.. ACRES,
VS.. Opinion OF
The Board of Supervisors the Court.
of Winneshiek Co., ct al.
The law provides that:
The County Attorney shall appear for the
state and county in all cases and proceedings
In the courts of his county to which state or
county is party, and in the Supreme Court
in all cases in which the county. is a party,
and shall collect and pay over to the person or
officer entitled thereto, all money, etc.
This section defines fully the duties
suits to which the county or state is a
party, and it limits his duty to the
county in which he is the County At
torney. There is no obligation imposed
by law upon the County Attorney to
follow a case out of the county, except
where it is appealed to the Supreme
Court of the state.
Section 277 fixes the compensation of
the County Attorney and says, "the
County Attorneys of the several counties
in this state shall be allowed an annual
salary to be fixed by the Board of Sup
ervisors." That is all of the section
that need be read. That salary is fixed
by the Board of Supervisors for the per-
Torrance of the duties the law requires
the County to perform and no other
duties. If the county desires the County
Attorney TO perform other services than
those required of him by law, the Board
has the same right to employ him to
perform those services and pay him,
that it has to employ any other attOr-
ney to perform the same services. In
criminal cases, cases of felony, the
Board of Supervisors has authority up
on its own motion, without any request
from the County Attorney, to employ
an attorney to assist the County Attor-
ney in the prosecution of the case.
The duties of the County Attorney
not requiring him to follow this case in
to Fayette County, the Board had a
perfect right, in the judgment of the
Court, to employ Mr.. johnson to &C
there and take charge of the case, il
they desired him to be there and the
County Attorney of Fayette County was
willing he should do so, and pay him 8
reasonable compensation for that ser
vice. 1t is no part of his salary, it is
no increase of his salary, it is not a pay
ment for any duties the law required OF
him. 1t was also the right of Mr.
johnson, although he was county AT
torney, to receive for that service 6
reasonable compensation, and although
it is not necessary to the determination
of this case for me to say more, L will
say that under the circumstances OF
| this case, in view of the magnitude OF
the case and the fact that it had beer
once tried in this county and that il
had gone to another county for trial
and that 1t was known to the Board o.
Supervisors that the expense of the
trial of that case would be very large
and that expense must be paid by Win
| neshiek County, and the fact that thai
case had been tried here by the County
Attorney, Mr.. Johnson, and that ne
was thoroughly IdulllldI Will IIio Cdoc
that his employment under those cir
cumstances, instead of being subject
of criticism, in my Judgment showed
wisdom on the part of the Board, anc
if they had not done that very thing
they would have been subject to crit
cism and censure.
This county, aside from the import.
ant fact that it was its duty to see tina
there was a prosecution for crime, hat
large financial interests involved
amounting to thousands of dollars il
costs in that case, and it was plair
business proposition presented to thu
Board as to whether they should hav'
their own County Attorney 60 there t.
represent their interest in that case
They chose to employ him, they ough
to be commended for it; they are no
subject to criticism. They had an un
doubted right to do it and they acte,
wisely. Their action will be sustained
Judgment for costs.