The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-01
LIKELY TO PAY HIM
RETIRING SHERIFF. WILL GET
1914 FOR HIS WORK ON
TAX WARRANTS.
SCORED PIERCE BUTLER.
SOME OF THE MEMBERS THOUGHT
HE HAD REVERSED HIS
OWN OPINION.
MIR. BUTLER DIsCIATNs THAT
He Insists That His Rulings in Re-
spect to the Matter Are En-
1reIy Consistent

! The county commissioners at their
adjourned meeting yesterday. refused
| by vote of four to three to reconsider
their action in allowing the claim of
| Sheriff Chapel for $5,154, claimed by
him as fees for services rendered in
1893 and 1894 in connection with the
| collection Of the taxes of 1892 and 1893
Inc opinion Of County Attorney Butler
cited in yesterdays Globe, to the
| erect that the sheriff's claim was not a
legal one, because he did not return
the warrants until November. 1896. was
not formally before the commissioners.
! aIthough 1t has since been mailed to
| the county auditor. The opinion was
discussed nevertheless, and criticised
| as being reversal of Mr.. Buffers first
| opinion upon the same question. Ref
efence, however, to the county attor-
ney's letter book shows that his first
opinion was precisely the same, in that
he advised that the sheriff's claim be
| disalloWed.
Mayor Doran, the chairman of the
| county board, called the meeting to
order, and after the reading Of the
minutes Of the previous meeting, he
| said:
"Inasmuch as the county attorney
at variance in their opinions as to the
validity Of the sheriff's claim and the
| claims OF the county commissioners for
mileage, think it proper that the
board reconsider these claims BY so
| doing, we will save trouble and Htiga-
ton, for have reason to believe from
a talk had with Mr.. Butler yesterday
that there will be an appeal to the
courts if the sheriffs claim is allowed.
| Inc board will not sacrifice any dig
| nifty nor prejudice any claims by re-
| considering and investigating thesa
matters
A brief silence followed the mayors
suggestion. Then Commissioner Allen
| arose and said
The sheriff will get that money, be-
| cause he conformed with the law ex-
| listing at the time he filed with the
clerk the list Of persons from whom
| he was directed to collect the taxes.
The amendment Of that law, upon
| which the county attorney bases bis
reported opinion, was not passed until
March %, 1895, and therefore the sher-
iff did not have to return the warrants
until that date"
Mr.. Allen contended that County At
| torney Butler was wrong in maintain
| ing that, because the warrants for the
collection Of the taxes in 1898 and 1894
were stamped Nov. II, 1896, the cate
of their return by the sheriff, the pre-
| SUMPTION WAS kHdC the WOrk was per-
| formed in November, 1886.
Mayor Doran was also disposed to
Criticise Mr.. Butler for reversing him
SELF as he expressed it. 1t was the
mayors idea that the county attorney
had previously advised the board that
Chapel's claim was foIn led on The
same basis as that of ex-CIerK Of
Courts O'Connor which the supreme
court declared to be valid If that
| was the case, the mayor thought that
| Mr.. Butler ought to be requested to
furnish the board a written opinion
at the meeting next Monday
Commissioner MOritZ brushed away
the legal technicalities and moved that
the sheriffs claim be reconsidered.
Let the courts pass upon this ques-
tion," said Mr.. Moritz, land the board
be relieved from responsibility" Com
missioner Kellerman- seconded the mo-
| ton.
Mayor Doran put the question, and
| the motion was lost by a vote Of four
| to three, Commissioners Allen, Wright,
! McCarron and Ness voting in the mega
tive, and Commissioners Moritz, Kel-
herman andathe mayor in the affirma-
| tive. Commissioner Ness explained
that he voted against reconsideration
at that time, reserving the right to
vote the other way after hearing from
! County Attorney Butler on Monday.
The board then directed the auditor 70
request Mr.. Butler to submit a written
opinion Monday next.
The mayors suggestion that the
| commissioners also reconsider their
claims for mileage met with a frigld
| response. They could not see why.
Commissioner Allen cited the attorney
generals opinion, holding that the
mileage claims were valid. If they
were just, then the commissioners
should be paid.
| Co,n,,iscionar Moss coircided with
Mr.. Allen, and ventured the opinion
that if the claims had been allowed
from month to month as they became
due, there would have been no kick.
Mr.. Ness called attention, as did the
other commissioners, to the fact that
for more than two years past the COM
missioners no longer received IS a day
for their thirty days service per year
| on the roads and bridges committee,
and that their mileage claims for in
specting roads and bridges amounted
to far less than $50 each per year.
| Furthermore, the commissioners were
obliged to pay livery hire and other
personal expenses attending the per-
! Torrance of their official duties, which
would leave them out Of pocket if they
| received nothing but the $500 year
| salary.
without any action being taken.
The matter Of fixing the salary Of the
county assessor was again brought up. COM
| missioner Allen, Of the committee on resOlu-
TONS informed the board that the county at
torney had advised him that the board had
power to fix the assessors salary from Jan.
| l. 1897, to Dec. 81, 1897. notwithstanding that
| the assessors term Of Office would not expire
until March. 1897.
Mayor Doran thought that this view con-
| fcted with the general law providing that
| the salary OF any official could not be changed
during the term of Office. The board finally
| instructed the auditor to request the county
| attorney to furnish a written opinion on the
| subject. Then the commission adjourned.
Had County Attorney Butler been present
| and expressed his views on the validity or
| Sheriff Chapel's claim, the meeting of the
more interesting In the first place Mr.. But
Ter would have corrected the prevailing I'M
preston among the commissioners that he had
reversed himself" He would also have ex-
planned in detail why. in his opinion. Sheriff
Chapels claim for 5,154 against the county
should not be allowed. When Informed last
evening Of the proceedings Of the board, Mr..
tButler said:
AZ would respectfully refer the board or
county commissioners to the written opinion
| as to the validity OF Chapel's claim for the
collection Of personal taxes in 1893 and 1894,
which 1 furnished the board some time 6go.
| In that opinion. after citing the attorney
titled to a fee Of 81 for every warrant re-
turned by him, and advising the board that
| he was entitled to the fees thus earned by
him for his returns made in the years 1895
| and 1896, I expressly declared that his claim.
based on the warrants issued to him In 1893
and 1894, which he did not return until Nov.
a. 1894, was not valid one and l therefore
| S., 154. be disallowed. This opinion is. or
| should be, record.