The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1900-10-19
FUSION FALSEHOOD.
Attacks on Republican Leaders Turned
on fusionIsts.

| on TuSiOnlstS.
The Fasteners, in their wild search for
local issues in this county have, among
other things, made an attack upon Repub-
lican attorneys generally, and Charles L.
Hoffman in particular, on account of fees
received from the county If the men
who sprang this issue had been half we'll
informed as to the record of the two par
ties on this question, they would have
been exceedingly anxious to keep the
matter out of politics. AS it is, the Re-
publican party is profoundly grateful to
them for additional campaign capital.
In order to clearly understand this mat
ter, it will be we'll to give some State and
county history. From the time of the
adoption of the State Constitution up to
January I, 1899, there were no official
county attorneys. There were in the
State five district attorneys, one for each
judicial district, who drew a salary of
$500 per annum, paid by the State, and
not by the county, and they paid little or
no attention to county matters except
the prosecution of criminal actions, in
which the State was party
The Idaho State Constitution, article
commissioners may employ counsel when
necessary The State was young; many
new and important questions came before
county commissioners, with their extern
sive jurisdiction, to be decided and acted
upon by them, and in about every county
in the State lawyer was employed by
the commissioners to act as legal adviser
for the commissioners and other county
nf tn 81,
civil cases in which the county was inter
ested.
Coming now to Kootenai county we
find from the official records the follow
ing facts:
On January IL, 1891, the Democratic
board OF county commissioners employ
ed M. w. Musgrove as special counsel
and adviser of the board of county COM
missioners, for a period of two years, at
a salary OF 1000 per annum. This en-
ployment of Musgrove excited the wrath
of Robert Z. McFarlane, a Democratic
lawyer, and through him a taxpayer
brought suit to have the employment of
Musgrove set aside. The cause was tried
in the District Court and the order of the
commissioners was sustained.
But thereafter, on July H. 1901, M. w.
Musgrove rendered his resignation as
such legal adviser, which was accepted.
On July 7, 1901, a petition, signed by citi-
zens OF Ceur d Alene, was presented to
the county commissioners, asking that
Albert Hagan, Democratic lawyer, who
had been Musgrove's attorney in the case
above mentioned, be appointed legal ad-
wiser for the board and other county Off
GERS On July 81, 1901, petition, signed
by taxpayers OF Rathdrum, was present.
ed to the commissioners asking that
Charles l.. Hoffman be appointed such
adviser for the board and other county
officers. 1t was ascertained that Albert
Hagan would not accept the appointment
Tor less than ST. 200 per annum, and that
Charles l.. Hoffman would accept the APP
pontment for 5000 per annum. The Dem
ocratic commissioners, of course, desired
TO appoint Judge Hagan, but in the face
OF the difference between the price to be
paid the Democratic lawyer and the price
to be paid the Republican lawyer, the
commissioners were afraid to employ Ha-
gan at that time, and thereafter, on July
10, 1891, both petitions were rejected.
The record of the boards action, record
ed III Commissioners Journal A, at page
4So, set forth that THE board deemed it
advisable to do without a legal adviser
L T
for the present"
On October 10, 1901, the same Demo-
cratic board employed Albert Hagan for
a term OF one year at ST. 200 per annum,
his appointment to date back to July Is,
1891, three days prior to the rejection by
the board of the petitions of Hagan and
Hoffman. Judge Hagan held this posi-
tion, drawing SI,2oo per annum, up to
July IS, 1892, and on July p, 1902, the
same Democratic board employed him
Tor another year, ending July IS, 1893, at
the same salary of ST, 200 per annum
In November of 1901 it became neces-
sary for the county to bring a number of
actions against the Great Northern rail-
road contractors for taxes which they re-
fused to pay. Judge Hagan was absent
from the county, but telegraphed the
commissioners to employ Mcfarland OIL
tteltman. The commissioners employed
/ tleltnan, and IS actions were brought in
one day, and all of these actions were
won by the county except one, FIVE of
these cases going to the Supreme Court
for final decision.
On April %, 1892 as appears from
! Commissioners Journal A, at page 643.
Robert +. Mcfarland, a Democratic law
yer, received from the county $Ioo for
professional services rendered advising
and attending upon the board of county
commissioners" On the same date, as
appears from Commissioners Journal A,
page ga, Albert Hagan, for services rem
dered as legal adviser of the board for
the FIRST quarter of 1892, was allowed the
sum of 5000
he official records show that the Dem
ocratic board of county commissioners of
1891 and 1892 paid out nearly $4,000 in
attorneys fees. In December, 1892, this