Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1898-02-19
COMMUNICATED.

OF the county physician was very ex-
plicit in citing supreme court deci-
sions. giving volume and page where
they may be found. That was very
proper. indeed, but it was also equally /
and important circumstances upon /
which these decisions rest. This is |
manifestly unfair to our commission |
ers and our citizens of whom not many I
have time or opportunity to inyeStl- !
gate the cases cited This article is |
written for the purpose or placing the |
plain facts involved in one of these |
cases before the people.
The writer of this is no way inter
eSted in this controversy or in the
financial fortune of the county physi
clan and has but a modest duty to
perform as taxpayer but he desires
that Justice be done our commission
ers and especially to Mr.. Swiggett as
he is necessarily held responsible in a
greater degree that any other because
lie has twice personally asked DIR.
Jones to contract with the county and
has recently shown loyalty to the last
contract despite the real or feigned
attacks of Mr.. Frakes, his colleague
and political associate. In regard to
this last act the writer does not see
how Mr.. Swiggett could have done
otherwise with any respect. for him.
self or a decent regard for inconsistency.
There is little doubt that the contract
| is just as valid now as it was before
the election of Mr. Frakes who lost
! no
previous action Of~the board and has
no special power because he is
new member. Neither would lie
have any greater authority than his
/ predecessor. Had Mr.. Hinshaw sue
! ceeded himself he could not have
/ plead the beginning of new term
and the reorganization of the board
to justify reputation of a contract.
| There is also little if any doubt that
if the continuous bodies can make con-
tracts which will be binding upon
succeeding members of those bodies
except there be statutory provisions
to the contrary or some contingency
depending upon the action of the peo-
pie as in the case of district school
board and the annual school meeting.
The school board cannot make Il valid
fcuntract with teacher before the
Il meeting although it is not forhidden)
+ Tor the reason that the voters at the
meeting may chose ii male or female
teacher, Tx the time and length OF
term, and even refuse to have any
school or vote the necessary levy. But
wien these things are once determin-
Iii t,if <,l1
make a binding contract before the
new member be sworn in. In the
present case no such contingencies
arise during the term of the contract.
Again if Mr.. Swiggett had repudi-
ated the contract which he asked DIR.
Jones to make it would at once be said
That t was made for the purpose OF
defeating Mr.. Hinshaw who was chair
man of the board at that time and
whose signature was published in con
nection with the contract during the
campaign. Every well-informed per
son knows that Mr.. Swiggett would
stoop to no such littleness. He was
doubtless honest in his action and in
tent. That he was also wise and pru-
dent is proven by an examination OF
the cases cited by the Independent.
1t will be-noticed that all the law
quoted by the Independent simply
! proves that township trustees are
''overSeerS of the poor in such coun-
ties as have no poor farm" or county
asylum. That proposition is not in
dispute and our commissioners have
not attempted to usurp anv authority
in the matter. What they have done
has been done in conjunction with the
several township trustees of the coun-
ty with their full knowledge and con-
sent which has been accorded to the
commissioners for term of several
years, almost uninterruptedly since
the organization of the county. 1t has
!; been the trustees way of binding the
county" for medical attendance upon
the needy. 1t has saved money foI
the taxpayers and by custom and com
mon consent it has almost if not quite
become law of the land. There is