The silver blade. (Rathdrum, Idaho) 1895-1903, 1899-02-25
Supreme Court Decides that Clerks for
Assessor are Prohibited by
the Constitution.
DECISION AFFECTS KOOTENAI COUNTY
Will the Assessor who Received Money
for Clerical Assistance from the
County Refund 1t With
out = Law Suit.

the supreme court. The county sued
him for $10,638.52 for amounts al
legged to have been illegally paid to or
retained by him during his term. 1t
secured a Judgment for So, 223. 50 and
this Judgment has been affirmed by
the supreme court.
He was allowed various sums not
authorized by law, one being pay
ment OF $500 quarterly salary for the
first quarter OF 1893.
He had allowance for clerk hire, for
collecting school money, for making
deeds to the county, etc.
The opinion says in part:
1.-The compensation of assessors and
collectors, is by statute, to be paid by
commissions and fees. Hence the
commissioners exceeded their powers
when they made said order allowing
him salary for one quarter, had no
jurisdiction to make it, and said or
der did not bind the county, it being
void. No appeal from such order was
necessary. It could be attacked at
any time, either directly or collater-
ally.
Dunbar vs. Board Of Commission
ers, 40 Pac. 4I2.
1.-THE defendant being financial
agent of the plaintiff county, received
said money In trust for the plaintiff,
and the statute Of limitations did not
run against the county. See Gilmore
County VS.. Alturas county, 81 Pac.,
$40. The county could recover back
such sum from the defendant.
appellant claims that certain
claims allowed him for clerical assist
ance were due him and that he should
have been credited Herewith. Such
claims are not county charges. BY
the provisions of section 8, article l8
of the constitution, those county off,
GERS who may be allowed deputies and
clerical assistance by boards of COM
missioners are named, tO-wit: Sheriff.
auditor, recorder and clerk of the dis
trict court. No other county officers
are entitled under said PROVISIONS to
deputies or clerks"
Brandon also claimed he was enti-
tied to commissions on school moneys
collected. The supreme court decides
against him. IL holds that section
623 and 2l56 R. S.. having been
adopted at the same time must be
construed together; that 623 quail
f1es 2156 and that appellant isnot en-
titled to commissions on public school
moneys collected by him.
On page 70, Journal B of the COM
missioners records of Kootenai county
we find the following order which was
made on Jan. II, 1898:
"In the Matter of allowing the Asses
sor and Tax Collector Clerical
Assistance.
"The board having considered the
matter of allowing the Assessor cler-
ical assistance for the ensuing year
and being fully advised in the prem
Uses, on motion it was orded that the
sum of $500 be and the same is here
by allowed the Assessor and Tax Col
lector for clerical assistance 10 his
Office for the year 1893"
On Friday, April IA, 1893, the fol-
lowing order was made:
"Nuw at this time the Board con-
sidered the request of VIM. Ryan,
that the apportionment OF $500 here
tofore made be paid monthly in pay
ments Of 500 on the first Monday of
each month commencing May 1st,
1893. After due consideration it was
ordered that the Auditor draw a war
rant for 500 to the order of VIM.
Ryan on the first Monday of each
and every month until the appropria-
tion is paid"
This was the year that Ryan held
his thumb on the pulse of the repub-
lican party in Kootenai county with
a strong grasp. 1t cost money TO be
a politician in those days, SO William,
like the tabled Ealid, killed the goose
that laid the golden egg by asking to
have his appropriation doubled the
following year, as will appear by the
following resolutions made by the
commissioners ia January and April,
1894:
''It is further ordered that the sum
OF 81 900 be and the same is hereby
allowed the Assessor, who is ex-ofIicio
! tax collector, for clerical assistance