The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-06-16
Saltwater News.

The board of county commissioners held
an adjourned meeting yesterday, at which
time a lengthy letter was read from At
torney General Douglas, in answer to
questions propounded to him with refer
ence to the action of CIapp & Mccartney
iii the Bristol case
AT a previous meeting of the board
Messrs. Clapp & Mccartney were present,
and claimed a lien upon funds In Their
hands to the extent of $12, 500, to secure
the payment for their charges amounting
to such sum, for services rendered at the
request of the board in the action BROUGHT
against the estate of S. M Bristol, de
ceased, which resulted in a judgment in
the supreme court of the United States,
and the ultimate collection by them of
$4l, Sc being the full amount Of the
judgment They also claimed a right to
deduct the amount of their compensation
from the amount so received, without
submitting the bill therefor to the board
OF county commissioners for allowance
AT the request of the board, County At
torney Mainwaring submitted two qucs-
tons to Mr.. Douglas for his opinion The
first question was:
Have Messrs Clapp & Mccartney the
legal right to retain the amount due them
for their services in this matter from the
money collected by them ana remit the
balance to the county treasurer without
at any time submitting a claim for allow
ance under the provisions of section 6S7
of the General Statutes of 1894 or are
they required to remit the full amount to
the treasurer and submit a bill for their
compensation"
The second question was:
I'm case your answer is that settlement
can be made by Clapp & Mccartney by
the board of county commissioners by
allowing the retention Of the amount Of
their compensation from the amount COL
lected by them, should the net amount
received into the treasury be apportion-
ed pro rata among the funds for which
the taxes were levied, or should these
funds be credited with the full amount
of the tax for which Judgment was rem
dered, and the deficiency be made good
from some other fund.-"
Replying to the first question Attorney
General Douglas states that the law pro-
Vides that no claims against the county
shall be paid otherwise than upon the al
lowance by the board of county commits
sioners upon the warrant Of the board
attested by the county officer.
AS to the question Of whether or not
Messrs. Clapp & Mccartney can hold a
lien on the money collected Mr. Douglas
says the authorities are so meager that
he hardly feels warranted In expressing
an opinion as to what the courts Of this
state will determine when the precise
question is presented.
In closing, he gives it as his opinion
that the full amount of taxes should
wher collected, be distributed to the va
rious funds for which the taxes were lev
led, and the compensation Of counsel serv-
ing the county should be charged against
the general county fund.
The session of the board continued near
~ all day, but before closing a resolu-
ton was adopted engaging Judge ]. c.
Nethaway, of this city, as counsel for
the county in an action to be commenced
against Messrs. Clapp & Mccartney. I'M
less they turn over the entire amount
collected to the county. County Attor-
ney Mainwaring IS to give him such as
sistance as he can.
The first Of the Elks burlesque circuses
was given at the opera house last even
ing and large audience was delighted
The many funny acts caused a. constant
uproar. The parade given in the fore
noon was one of the Funniest things ever
witnessed in this city, and thousands of
people lined the streets to see the differ
ent features. The second and closing per-
Torrance will be given this evening, when
a large number of Elks will come over
from st. Paul to participate in the pleas
ures Of the occasion.