The record-union., 1898-02-12

you, Mr.. Fisher, but If your services are
SO beneficial to the county the Sheriff
ought to have you on his deputy force,
as he is expected to detail some one 10
10 the kind of work you are doing. in
conjunction with the District Attorney.
''All the county departments" con-
cluded Mr.. Morrison, have had theil
help increased in the last few years, but
if fish is to be made Of one and flesh OF
another, then l am in favor of holding
all down to the strict rule
The matter was then dropped, but was
renewed later when District Attorney
Ryan visited the board-room to advise
the Supervisors in relation to various
matters that had been submitted to
him.
Quite an animated discussion ensued
between Mr.. Ryan and Chairman Nor
rison, but when it was all over it did
not appear that there was much cause
for difference between the District
Attorney and the board-in short, that
the trouble was chiefly the result of a
misunderstanding.
The Chairman" said Mr.. Ryan, has
a wrong idea Of the opinion given by me
in the case Of Expert Hill. The Board
of Supervisors has power, under the
law, TO employ anyone to do work that
is necessary. The opinion l gave Su-
pervisor Mclaughlin was in line with
the decisions OF the Supreme Court,
and of Judge Catlin. 1 say again that
the Board of Supervisors has perfect
right to order any work done that it
deems necessary.
ssTn1uA Costlip dao;1a.1 so;5 NJ,
Ryan, that the board has control Of
such matters as employing persons for
writing up old records, for officers of
the chaingang, ETC., and has the right
to employ person to do detective work
and assist in bringing criminals to JUS
tice. These things are provided for
by the County Government Act.
THE Supervisors did not appoint a
County Detective. Mr.. Fisher simply
gives himself that title, or someone else
did. But the board did direct his
employment as an aid to the District
Attorney to do certain work in the line
of arresting criminals and procuring
evidence"
A long colloQuy ensued over matters
relating to the original employment of
a Deputy District Attorney, Mr.. Morri-
son saying that Mr.. Ryan had advised
it though there was then no provision
in the law to authorize such appoint
ment
Mr.. Ryan contended that the board
at that time merely employed a special
counsel to assist in civil cases. The
offices of deputy and clerk in the Dis
trict Attorneys Office have since been
created by legislative enactment and
do not constitute an increase of the
District Attorneys salary.
Mr.. Morrison argued that the legisla-
tive Act creating the office of clerk to
the District Attorney was equivalent
to an increase of the latter's salary,
and therefore unconstitutional, as prior
to its passage he was expected TO pay
the clerk out of the sum fixed as his
salary.
Leaving this topic, Mr.. Ryan said his
duty in regard to the Board of Super
visors was TO give opinions when re-
quested that would keep the board
within the requirements Of the law. He
had been informed that the office Of
County Expert had been created by
the board, and was asked for an opin-
ion as to whether or not it was legal.
He replied that the board was express
ly prohibited from creating any Office,
but that it could employ a person to
do necessary work. He asked that
the minutes Of the board be examined
to see just what was done in the ex-
pert matter.
Clerk Hamilton read from the min
utes that Supervisor Morrison intro
duced a resolution creating the office
of County Expert and that Joseph F.
Hill was elected thereto at a salary Of
SO.
Supervisor Dreman-Well, could we
employ Hill to do that clerical work
without creating the office of expert?
Certainly" replied Mr.. Ryan, pro
vided ii is not work that some other
official is charged with doing. When
am asked for an opinion 1 must give
one in accordance with the law, and l
did say that the board had no power to
create a new office"
Being asked on what ground he ad-
vised the Auditor not to draw a war
rant for the special counsel employed
TO defend Assessor Berkey when the
latter was sued for $4,000 damages by
James Bailey, he replied:
That" said Mr.. Ryan, was a per-
sonal matter with which the Super
visors or the county had nothing TO
do. The board would not employ coun-
sci to defend me if some person should
sue me for damages on complaint that
I had committed some illegal act In
prosecuting him. And when some Of
you Supervisors were accused by the
Grand Jury of having done Illegal
things you did not employ counsel to
defend yourselves and then charge the
county with the expense. You en-
ployed your own lawyers and paid
them yourselves That is what the AS
SCISSOR must do. l could not honestly
give an opinion to the effect that the
fee for the Assessors lawyer was a le-
gal charge against the county.
"As to the so-called County Detec-
tive, he was employed to assist the Dis
trict Attorney in the prosecution Of
criminal cases. Mr. Fisher had rem
dered splendid service. He has rec
ords of all criminals and can furnish
evidence we could not otherwise OBJ
tain. Several gangs have been broken
up by him and the men sent to the State
Prison. Mr. Fisher is a very valuable
officer. and IL I were Sheriff / would
make him a deputy"
There was some more discussion Of
the same nature, when Mr.. Ryan with
dYaxy and tho hoard adjourned