The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1900-01-04

1 the following opinion on the county
treasurer contest by County Attor-
ney Lafferty was filed with Auditor
Cruzen:
| Oskaloosa, Ia, Jan. 2, 1900.
j. B. CrH5f7e, County A. ditor: You
have propounded to me the following
| question:: "Under the present status
of the records of this county, who is
authorized by law to perfo m the
duties Of Treasurer of Mahaska
County?"
On the 7th day of November, as
provided by law, tho electors cast
their votes at the polls for the pur-
pose of selecting among the other
county officers that of Treasurer of
| Mahaska county for term of two
years, commencing January 1, 1900.
Said vote was canvassed by the
Board of Supervisors of said county
in accordance with the statue. Such
| canvass resulted in declaring w. w.
| Eby treasurer of said county for a
term of two years, commencing jan
uary 1, 1900, by a majority of votes,
| and gave him certificate of election
Nov. 10, 1899 accordingly. The then
incumbant, Wilford Hull, not being
satisfied with this finding, COM
| menced proceedings to contest the
same. After full hearing the court
of contest affirmed the action of the
board of supervisors and gave judg-
ment in favor of w. w. Eby and de-
clared that he had been duly elected
as treasurer of said Mahaska county
for the said term of two years, COM
mencing Jan. /, 1900, and by ma
iority exceeding that found by the
board or supervisors. Thereupon,
w. w. Eby on the first day Of Jan.
1900, presented bond conditioned
as provided by law to the board of
supervisors for their approval which
bond was by said board approved and
filed with the auditor of Mahaska
county. The said Wilford Hull also
on the 1st day of January, 1900, pre-
sented bond as conditioned by law
to the board of supervisors for their
approval.
No action was, nor has been taken
by said board upon said bond. 1t
would seem clear upon this state of
record that w, w. Eby was legally
elected treasurer of Mahaska county
and that the duties of said Office de-
wolves upon him and that he is en-
titled to the emoluments of said Of
flee, unless the finding of said Board
of Supervisors and said court of con-
test shall be reversed by the higher
courts or unless there is some statue
which prevents said w. w. Eby from
taking possession of said office and
which gives the said Wilford Hull the
right to perform the duties of such
office.
Section 1922 of the Code is as fol-
lows:
Section 1922. 2.-APPEAL. The party
against whom Judgment is rendered
may appeal within 20 days to the dis
trict court, but, if he be in possession
of the office, such appeal will not
supercede the execution of the iudg
ment of the court as provided in the
proceeding section unless he gives a
bond, with security to be approved
by the district Judge, in a sum to be
fixed by him, and which shall be at
least double the probable compensa-
ton of such office for six months,
which bond shall be conditioned that
he will prosecute his appeal without
delay, and that, If the Judgment APP
pealed from be affirmed, he will pay
over to the successful party all COM
pensation received by him while in
said office after the judgment appeal
cd from was rendered.
In accordance with the provision of
the statute herein quoted the said
Wilford Hull has filed his supersedeas
bond conditioned, think, as provided
by said statute 1922, and has appeal
ed to the district court of Mahaska
county, Iowa, from the findings and
judgments of the two tribunals here
tofore mentioned.
BY virtue of the terms oftsaid Sec
ton 1922 and the supersedeas bond
filed by the said Wilford Hull, / am
therefore of the opinion that he is en-
titled to perform the duties of treas
urer of said county during the time
contemplated and in strict accord
ance with the terms of the said Sec
ton 1922.
1t would seem that section 1922
safely secures to the person who may
finally be entitled to said office of
county treasurer all compensation
and emoluments connected with said
office.
1t may seem irrelevant and inn
material to the correct solution of the
question involved to suggest that
the legislature in enacting said section
were of the opinion that it would be
better for the public service and the
regular conduct of the said office,
that, in cases where the party in pos
session contests the election and
prosecutes the appeal in good faith
that he should continue to perform
the duties Of the office with which he
had become familiar until such time
as it might be finally determined by
the courts who was entitled to the
office. =
G. w. LAFFERTY,
County Attorney.
Filed Jan. 2, 1900, at 10 o'clockP p. M.