Omaha daily bee., 1901-02-27
SETTLE WITH MORGAN
County Supervisors Close Their CLAIM
Against Former Sheriff.
TAX FERRET CASE ALSO DECIDED
Contract with r. VI. Cunningham is
Rescindcd on Basis of IIiegality
He VIII Garry Case to
Supreme Court.

Tho county supervisors acted upon two
important matters yesterday. At the morn
ing session they effected settlement with
Former Sheriff John s. Morgan and at the
afternoon session adopted resolution
resembling their contract with +. NJ. Gun
ningham, tax ferret.
The settlement with Former Sherif Nor
gan resulted from the conference held be-
hind closed doors Monday afternoon. Nor
gan's attorney offered ss25 in full settle
ment OF all claims the county might have
against his client and the board stood out
for $3.50. The latter sum was finally agreed
to by Morgan yesterday morning and on
this basis the settlement was effected. In
addition to paying over this sum Morgan
agreed to assign to the county all fees
earned during his tenure of office which
have not been collected On its part the
county agrees to dismiss the suit now
pending in the district court and to relin-
qulsh all claims against Morgan and his
former deputies. The latter, it has been
claimed, had been paid salary in excess
, os the fees earned by the office. The
amount which the county sued for was
Si,iS2. .--...
Before taking any action in the matter Of
the contract with Cunningham the board
listened to proposition from his attor-
ney. This proposition was to the effect
that II the board would postpone any ac-
tion until the matter had finally been set
| tied by the supreme court Cunningham
would guarantee to reimburse the county
/ any expense II might be put to. AS proof Of
good faith he offered to deposit in any bank
J in the city any such sum as the board might
I designate. Cunningham's attorney stated
! further that in the event of the supreme
court deciding the validity OF the so per
cent contract his client would be willing to
abide by the result and would not ask a
dollar from the county.
Cunningham was called before the board
and asked II ne was willing to enter into a
new contract on the Is per cent basis as
provided by the law. He said he was not
and that he intended to take the case 10
the supreme court as he firmly believed
| that the court would finally uphold the va
lidity of the so per cent contract. which
the board had entered into him with good
| faith at the time.
Declare Contract Illegal.
| The board then adopted the following
' resolution. Member Aud alone voting
against 1t:
I Whereas, On the 18th day of November
| 1889. the Board of Supervisors of this
| county entered into a contract with one
f. NJ Cunningham. relating to thA ferrsfIne
| out and reporting amounts OF taxable per
| sonar property wrongfufiy' withheld from
| assessment and taxation. and Y ts ~,
| Whereas, The enactment into law OF
, chapter ], Laws of the Twenty-eighth Gen.
| eral Assembly of Iowa, declared to be null
and void said contract made with the said
| +. M Cunningham. unless certain condi-
| tions should be complied with. important
| of which conditions are the agreement tC
accept as commission only 10 per cent Of the
amount of tax collected i'm lieu OF the
amount a provided for I'm said contract anc
| further the condition and requirement lie.
lating to the filing with and securing III,
approval of a bond by the Board OF Super
visors, which conditions have not been com
piled with, and
| Whereas, The district court has grantee
a temporary injunction restraining thi,
board and the county auditor and treas
urer from paying anything to said Cunning
ham, therefore be 1t
Resolved. That II IS the opinion aud decla
ration of this board that no legal contrac
as between the county and said Il. NJ
Cunningham exists and the county treas
urer Is notified that this board denies I,
the said +. NJ. Cunningham the authOrit!
and right to sign any notice bearing /
addition to his signature any title desirnal
ing him to be the agent of the county g
Pottawattamie and the right TO ask recog
milton as being representative CT tn
county by reason Of any authority given b.
} this board.