Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1897-05-01
SOME LEGAL OPINIONS.

meeting prOpounded several written
questions to the county attorney with
the request that he file written an
swerS to the same This has led to
some discussion of the action of both
the board and the attorney We be-
Heye the public has right to know
the exact facts in the case and cares
little for highly colored story en-
bellished by personal or partisan bias.
We shall endeavor in this article to
give plain statement of the facts
and opinions cited and accordingly
submit the answer of the county at
tOrney as follows:
WA-KEENEY, KAN, A ril 13, 1897.
To the Honorable Board of County Commits
sioners of Trego County, Kansas Gentle
Yours of the 18th inst. is before me and. in
answer your questions as fully as the short
In answer to question No. 1: '.who is emit
f foT tho be fhe OF COUNTY
the supreme Courts of our several states are
by no means unit this question. This
othcer de facto or the officer de jure entitled
to the the, salary Upon this question | desire
the following:
The cases involving the right of an officer
de Jure to the salary when the Office is in the
possession of an officer de facto are inca pa
bency of officer de facto, and before any
Judgment of custer has been rendered
is such officer de facto pays him the salary
of the office. very decided preponderance
means of such payment the Fight Of he of IL
HE 19 to hS dSabary from such
when our supreme Court has been governed
In answer to the second question: rs
there th any question as to who is entitled to
the salary or Commissioner from the 1st dis
II L
From the desicion of our Supreme Court
that ME-, Barclay will be jnstified in taking
salary for his attendance at all Commission
opinion given by our district court at that
TINE: in case then pending and decided. is
OF the salary for services rendered prior to
trict court then and there held that the acts
81 30! Mr oowlck on the 18th day of January.
least an officer de facto; If that be true. Mr.
taking salary for services rendered as Coun-
ty Commissioner prior to March 10. 1897.
n answer to the question: who is enti- |
to pay t9r eou1fK printing for the first
is partially answered in my answer to the |
second question. Inasmuch as this is the |
BILE Board. and wholly depends upon the de-
Sislon OF certain cases now pending in the
upon the question at this time. to the extent
either Gne Western Kansas World or the In
de i .1, MT AS the official county paper
%rrstsn oP PM I on the above hand you
In compffance@ with your 5th: Give such
the county litigation" THIS 1 ' gladly i and
most cheerfully do.
of county commissioner will apply with
equal force to that of county superintend-
Body will he justified in paying Mr. Peacock
salary SALARY earned after March 10, 1897, and 1 adj
10 at f. |
services rendered prior to March 10. 1897 as
county commissioner or county superin-
l further advise that no bills for printing
done during the first quarter of 1897 be paid
" ''''' '''''' cry feSpeo't s. n. HurzE1,
County Attorney
Referring to the first clause of the
answer it will be seen that Mr.. Hut
eel promises to do the best he can in
the short" time at his disposal 1t
IS known that he anticipated the re-
quest OF the commissioners and had
spent considerable time already in
reading up on the questions at issue,
ana should have been prepared to SUBJ
NIT consistent answers after the
Jwenty-fOur hours notice that was
given him, if he so desired to do and 4,
II in accord with his personal or parti- ;
san wishes. His own citation shows {
That he found decision bearing upon {
the case but for some reason he fails
to quote or show it to the commits
,ioners. I
AS stated in the second paragraph
the Supreme Courts of our several {
states are by no means a unit" but d;
what of it? Why is the statement
made? The commissioners of Trego !
county do not act for several states" I
They want Kansas law or Kansas de- s
'isionS and are willing to abide there S
)y. The county attorney then gives for !
heir guidance and considerations
lis third paragraph which may be &;
'ound word for word, on page 2S4, {
V olume 10, American State Reports |
It is a part of the brief which follows t
decision by the Supreme Court of {
'he State of Maine, not Kansas, al i
though Mr.. Hutzel says it is the rule l
1y which our Supreme Court has been I
governed and guided - S
Our commissioners do not wish to 3
De placed in position to pay any Off c
'er's salary second time and, if the c
brief quoted without credit by our !
county attorney is good law in Kan J
as, "a very decided Dreponderence of t
sustains their action in !
paying the salary of Supt. Peacock S