Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1899-02-23
TWO OPINIONS ~ WHICH IS RIGHT?

general election notice including the
Revision of the Banking Law, chap
ter BOB, laws of 1897, was disallowed
by the county board at its last session
on the following opinion filed by D. d.
Conway district attorney for this
county:
To the Honorable Board Of Super
yisors Of Wood county, Wisconsin,
Gentleman: At the November meet
ing of this board, the bill of y. l..
FOntaine against Wood county,
amounting to the sum OF S034OO, for
publishing the notice Of election, and
the proposed banking law for twelve
12) weeks was referred to the district
attorney of said Wood county request
ing an opinion as to whether or not
the same is a proper charge against
said county.
After a careful examination Of the
law relative to the publication Of
election notices, | will say that in my
opinion there was no authority for the
secretary of state to include the pro-
posed banking law in his notice sent
to the county clerk Of this or any
other county, and the county clerk
had authority to publish only such
part of the notice sent him by the
secretary Of state as related to the
officers to be voted form this county:
us held in the case Of Fernandez VS..
WinnebagO county, % Wis. 247.
Therefore | would respectfully re-
commend that Mr.. Fontaine be
allowed the regular fee for publishing
the notice Of election of the state
officers, representatives in congress,
state senators, members Of assembly
and county officers to be voted for in
Wood county. amounting in all to
$500 and that the balance of said
bill be rejected for the reasons above
stated. Respectfully submitted,
ID. ID. CONWAY,
Dist. Atty.
For the information of the reader
we will say that the secretary Of state
served said notice upon all the county
clerks in the state. A like notice was
published in all counties as far as we
know and in some counties of the
state this notice was published in two
us three papers, in the discretion Of
the county clerk. e. $. Renne, county
clerk of this county, gave us this
notice to publish in August. 1t APP
peared every week until election
twelve weeks in all. At the end Of
the twelfth week and just prior to
election we filed proof of its publica-
tion with our bill of &534.O0 for said
service. At the annual session of the
county board in November last J. W.
Cochran, chairman Of the committee
on judiciary to whom the bill had
beenTeferred reportde the bill back to
the board with an extended report
against its allowance. The board
then referred it to the district attOr-
ney for his opinion.
We know nothing of the law, and
don't know what object the secretary
of state had in serving this notice
upon the county clerks of the state
for publication if there was no pro-
vision in the law for it. We believe
the banking law itself contained
authority enough so that by it's pub
LEGATION the voters might acQuaint
themselves with the act and vote
upon it intelligently. We do know
however that in nearly every county
in our exchange list the county
boards of the various counties in the
state have allowed like bills for the
same service.
Where this same question came up
in Langlade county. the district
attorney of that county filed the
following opinion which is just the
opposite of d. D. Conway'S:
To the county board of supervisors
OF Langlade county: | herewith
return bills l3i. 1876 and 49, referred
to me yesterday. On bill No. 1876. |
am informed that the only disputed
items are the first, &462, for publishing
the banking law, and the eighth, Of
$I20, for publishing election ticket.
etc. The last item was covered by my
report ON bills 135, 13S and 40 this
morning, and | accordingly recon-
mend that this item be allowed. The
item of $4,000 is alike in all three of
these bills, and is for the same service.
| find as matters OF fact that the
secretary of state transmitted to the
county clerk of this county and | am
informed. to all other counties in the
state, within the time required by
law. the election notice: the notice of
the proposed revision Of the banking
law and the banking law itself, being
chapter 303 of the laws of 1898. and
directed that all three Of them be
published. The banking law above
referred TO is one that COnld not 90
into effect until approved by 4 major
ity OF the votes cast at the election
just passed, and by its provisions was
required to be submitted TO the elect
OrS OF the state to be ballOted upon.
1t occupies very nearly six columns of
timely printed newspaper type.
further find that the county clerk of
this county directed these notices to
be published in the News Item, an
English paper published by w. H.
DaWley, OF democratic faith: in The
Republican, an English paper pub
liShed by j. y. Ogden of republican
faith. and in The HerOld. a German
paper published by Ed. GOebel of
democratic faith That each of these
papers were authorized to publish
election notices. etc. and had been
published in this county for many
years last past. and that they actually
did publish these notices. | find that
the question of adopting or rejecting
the proposed revision Of the banking
law, above referred to, was a question
to be voted on by the electors OF the
state at the last general election. The
faln j. Nv y