The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-09-21
DALE SUSTAINED It
Contract for index Book Held
TO Be Illegal
APPEAL NOTICE GIVEN
Commissioners Are Restrained
From Paying Last Voucher
COUNTY BUILDING RING
Gets a Hard Hit in the Courts
Decision.
COUNTY BUILDING RING

One Of the most profoundly interesting
scenes ever witnessed in this county was
enacted in the district court yesterday
when Judge Dale delivered his opinion in
the Injunction case against the county
commissioners. He held that the contract
made between the commissioners and
Register OF Deeds Kerr was illegal. and
he even went so far as to enjoin the pay
meut OF the last county warrant issued
in favor of Mr. Kerr Tor work done on
the books. which was for over s.. 900. The
defendants gave notice that they would
take The case up to the supreme court
and Judge Dale signihed his Willingness
TO have that tribunal pass upon it.
There were great many attorneys and
prominent citizens present when Judge
Dale delivered his opinion ana so close
was the attention that there was abso-
lutte stiffness in the court room at the
time. after the court adjourned people
stood around ia groups and discussed the
matter. Ihe position taken Oy the Eagle
from the very start that this trade was
Illegal had been indicated, and the peo-
pie telt that the district court was a bull
wark of defense for the people of this
county.
when the case was called this morn
ing Judge Wall arose TO address the court
on the question as 70 whether the register
OF deeds had right 10 make this con-
tract with the county commissioners on
which Judge Dale had said he desired 10
hear arguments Judge Wall made an
ingenious argument, and he was COM
plimeutcd by the other attorneys for il.
His speech showed that ne possessed I'M
limited resources. and even the attorney
for the state admitted that Judge Wall
had made a gallant Eight for his clients.
mr.. Nermjllion sat silently 10y takeing
notes through all the arguments yesteT-
day and last W edncscag, ana he never
got chance to open his mouth. He had
won his case In the presentation Of the
evidence. and there was nothing left fir
him TO do except to see that his victory
was not taken away.
Judge Wall. in his argument before the
court took the question that the county
commissioners had a right TO contract
with county officers TO furnish indespen-
sible public necessities. and he showed
that in the state of Michigan where they
had statute exactly ike ours. the SUI
preme court had held that the mayor
Of Detroit. who was an attorney. could
be employed 10 attend a case IN the court
for the city. lie said the county COM
missioners of this county under that de-
cieiOn could hire the county attorney to
20 20 Topeka TO attend a law suit in some
of the courts there. and it would be legal
because they had no power to force him
20 go outside of the county TO do such
work. They could employ Mr.. Kerr TO
furnish these books because under the
law 1t was no part Of his duty as register
Of deeds 10 make them for the county
from the recOrus. He said the language
Of the statute was Ito furnish" and all
that sc had done was to furnish these
books to the county without profit TO him
self and the county commissioners had
declared by resolution that they were a
public necessity. and they wer the sole
judges Of that matter and having so de
clared it was not against ans law of pub
lie policy 10 employ the register OF deeds
TO furnish them.
At the close Of Judge Wairs argument
the court rendered the decision in the
case which was as follows:
By The court. Ip this case it resolves
itsefl down to q question Of the power OF
the board OF county commissioners to act
in the matter. OF course. / realize IL they
have the power to act I could not super
wise their action. I could not go into it
at all II they nave the power. 1t would
make no difference if they have the
power whether they PAID $500 for these
books that might have been hawked
around fer $500 nor would IL make any
difference under the law il they should
make 4 contract with the register Of
dee1s whereby they should pay $4,000 for
work That ought TO be gotten for $500 or
s. oCe That might look eZtOruonate, it
mi-ht shock tho sense of rght or Justice
Of 4nvooly that would hear ID. but II they
had the power u 40 III. of course they
could neTe donl Is in that way. / am sat
isaed under The Jaw. they have not the
power I ana ratiedel THAI stetute VITA I
reference to q register III deeds dOcsn' {
give MIN any riEht to SO OFT and buy a
set OF abstract BOOKS and foist ii onto the
county under tLe preteuse that IL Is "a set
OF indexes, and then IL the same contract
g. 80 WORK ara Set zeal through oy
which he can make $1,000 year he hold /
sne one Cd The most lucrative positions in !
eedguick county; ana NOT having the
power 10 make such contract for the ab- I
strsce BOOKS. the other D4rt on the con- (
t.ct with reference 10 the fees 10 Che reg
lister of deeds Tor sriusins up ghc books /
would be invalid also. being incIuded IN I.
the same contract relating 60 said alb 1
etract books ] ana satisfied the law does I
not mean that at an, nor they have not 4
the uower under the law 10 make any 4
such kind OF q contract Vow il is said IN /
this ease that he is simply acung as 4
azeut OF the county. ana tkey have here
81 resolution spread upon The records by +
which .ae register 81 deeds is directed 70 (
60 ott and purchase something. The /
stat1te saws he shall furnish certsin /
thiees. ir ny jU0sme MT meaning blank 4
books. property indeNed as provided hy +
the statute. and tEe county commissioners /
then caH make a contract with hirn % I
briuE up 70 that time By p2ying him I
certain l-3OruC the indexes cf tle county ]
rs provided by tIat statute. theR make 4
q contract for futlre work That rs ali 4
d means 5ut IN this ease. the register az i
deeds has CONTRACT With IKE county.
which reads in part as fellows
Articles ~ agreement made and en-
tered into ta.s am day Of january. 1911.
By and between r. n Kerr. party OF the
first part. ana the County OF SedswicS.
party Of the second part
..sEftnes seth. That p3rtf CT the first i
part in consideration Of the covenants
hereafter set ont agree 10 SEA ard de-
nu-nelical in5eN OF reca-ls ~ re register
OF Gee IS of7ce cf Sf5EviclS county Kan
sas From and incluains the aCst voiame
OF records n she frst day ~ January ISIS.
for the SIM of $500. ana 70 con<l,l1e said
index fr5nl January 4 ISIS. % thus cate
JanuarS g. 1871. en- blank oao3Ss furnished
b. the county for The SUM OF 81 cents
Tor each tract ~ land or iot as contern-
rlated hy law. Hereby agreeing to~coEn-
rle-c tbr same.
Vow aere IS bill Of sale following.
that
Know an men By These presents. That N
corsiGcroticr ~ S-a the receipr OF
wl.ich is hereby acknowledged. dc grant.
scll. transfer and deliver unto county
commissioners of Sedgwick county their
Successors the following goods ard chat
teIs. viz: EiEhteer volumes OF numerical