Lewiston daily teller. (Lewiston, Idaho) 1900-1901, 1900-10-31

To the voters OF Nez Perce county,
Idaho:
The present members of the board Of
county commissioners, S. G. Isaman, w.
A. Black and A. G. Johnson, having
heretofore. acting under the advice Of
the county attorney, who is by law made
their legal advisor, allowed and paid to
themselves certain sums of funds as
compensation which was not properly
allowable under the law. They did SO
i'll the belief that they were acting in
strict compliance with the law, but upon
being advised through the suggestion Of
the supreme court that they were
not entitled to charge such fees, they
have immediately upon being so advised
repaid all such sums back into the pub
lie treasury, They have done SO because
to desire to take only what they are en-
titled to, under the law and for no other
reason
LEWISTON, IDAHO, Oct. 80, 1900.
The board Of county commissioners Of
Nez Perce county, Idaho, met in special
session pursuant to call heretofore duly
made, present, S. G. Isaman, chairman,
and A. G. johnson and w. A. Black COM
missioners and P. F.. Stookey, clerk. The
following resolution was passed:
Whereas, heretofore the members of
this board have presented their bills to
Nez Perce county. for their fees and
services as seemed to them in conformity
with law and with the practice Of former
boards of county commissioners of this
county, also in conformity with the adj
wise of their legal advisor, the County
Attorney of Nez Perce county. As an
illustration of the advice received from
said attorney, the following written
opinions have been received from him.
First as to the employment or payment
of additional counsel for services to be
rendered to Neg Perce county, the fol-
lowing written opinion was delivered to
this board.
COPY OF OPINION.
Lewiston, Idaho, March S, 1900
The Board of County commissioners,
Nez Ferce County, Idaho,
I request you owing to my onerous
official duties at this term Of the district
court to employ such counsel as you may
select to act with me in the prosecution
of S. o. Tannahill on charge of forgery.
will give to whomsoever you employ
control of the case.
F. DANFoRD, Co. Attorney.
As to members of this board charging
for viewing of roads in their respective
districts. anil the looking after the inter-
ests of the county as to such roads, by
such viewing and services rendered and
charged for by the members of this
board, the following written opinion by
said prosecuting attorney for the county
has been rendered to them.
COPY
To the Board OF County Commissioners
of Nez Perce County. Idaho,
Gentlemen: 1t seems to me that a fair
construction of the laws of this state au-
thorizes the members of your board to
examine and inspect, the roads of your
respective districts for the purpose of de-
termining ard directing the kind, char
acter and amount of work to be done in
the several read districts of your county,
and that the law under such circum-
stances authorizes compensation therefor.
ANY other construction of the law, in my
opinion, would preclude the idea of your
properly directing the work required of
YOU under our statutes.
Very Respectfully,
r. DANFoRD,
7-22-99 County Attorney
The predecessors Of this board have