The Red Cloud chief., 1899-10-27
THAT SUPREME COURT DECISION
Does II Vindieate the Action Of the County
Clerk Of Deos II Prove That He is
Error.-Read and Reflect

'" "'''cic uuutI tue ~ftlTdCtlNe npaO
"A SANDER On Hale in which tl,
writer attempts to vindicate the action
OF the county clerk IN accepting slOC
for clerk Of the board and comes TO his
defense with far more courage thar
logic. One thing at least can be gained
from the Nations article, and that is
that vi all OF the people Of Webster
county are not satisfied with the ad
ministration OF the present county
clerk and some accuse him Of drawing
500 per quarter for acting as clerk Of
the board OF commissioners ia open
violation OF the statutes. However
our contemporary seems to be of the
opinion that there is but one single IN
dividual who contends that the 800
quarterly has been draw in open vic.
lation Of the law, and that he is doing
it simply to injure Mr.. Hale's chances
Of election. In this they are mistaken
as there are numberless people OF the
same opinion. After carefully investi.
eating the matter we find that MIR.
Hale has demanded and has received
800 per quarter for the service above
described, in violation Of the provis-
ions Of the %sttaute, and in contempt.
nous disregard Of the rulings of the su.
preme court, and with a display OF
courage borne of despair and equalled
only by Silas Holcomb when he said
the constitution OF our state was "only
a farce" 1t seems that this person
has taken the same position as his
party leaders and decided that our
statutes and the decisions of our su.
preme courts are "only q farce"
The Nation also to make their vindi.
cation more complete, publishes in full
a supreme court decision from the 9th
Nebraska reports, SO, which put the
stamp OF condemnation upon the &c.
ton of the clerk, and instead of vindi-
eating him clearly proves that he is in
error in this case as claimed, viz: That
he has no right to the salary of $500
per year as long as the fees of the of.
flee were sufficient to pay the salary
Of the clerk. 1t is evident that the
writer Of the article in the Nation does
not possess the brains that wouldenable
an individual of average common seLse
To construe n statute or apply an Opin.
ion. If he did the opinion would not
have appeared in connection with the
article. Common sense aud a desire
to shield its candidate would have sug-
gested its omission. However we are
willing to take the decision OF the SUI
preme court as published in last weeks
Nation AS n settlement of this case.
The case upon which this decision was
given was brought by Lancaster coun.
ty to compel the county clerk to REIN.
burse that county in the sum of S687. 80;
$500 of which was for acting as clerk
of the county board, and $627.S0 was
for extra work done by him. What
does this decision show aftey a careful
reading Of the opinion of the court9
First, that the AMOUNT to which the
county clerk is entitled as his salary
shall be 81 500, and payable out of the
fees of the Office, also for deputies
whose salaries shall not exceed 800
per annum each, aud to be hired at the
discretion of the county board. Also,
shat IN no instance shall such officer
receiUe more than The fees by him actual
IN collected"
SecOnd-That a public officer must
discharge the duties pertaining to his
Office for the compensation allowed by
law, and no compensation for extra
service can be recovered or alloWed un-
less authorized by statute.
Third-That he shall keep his office
at the county seat, shall attend the
sessions of the county board; keep the
seal, records and papers of said board;
and shall sign the record of the pro.
ceedings of said board, and attest the
same with the county seal. (Sec. 90.
Chap, lS, Art. /, statutes of 1897
(Scc. "A, Chap, Is, Art. l of the stat.
utes of 1899, provides hat it shall be
the duty of the county clerk: First
TO record, in Il book kept for that pur-
pose all proceedings of the board,
Second-To make regular entries of
their decisions in all questions con.
corning the raising Of money. Third
To countersign all warrants issued by
the board and signed by its chairman.
Fourth-To preserve and file all nc.
counts acted upon by the board, with
their action thereon; and he shall per.
form such special duties as are requir
ed Of him by law
After reviewing these points the su.
preme court says in its decision as pub
lished in the Nation; ATTENDING the
county board is therefore one Of Me d..
ties of his office, which, Where the fees