Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1901-05-23

McTaviSh, Thomas, Johnson, Mullen,
jackson. Bean. Ayers.
Absent-Berg, E. P. Arpin, Conway,
| KringS.
! 1t was moved and carried that the
bills and claims on file in the clerks
Office be referred to the proper COM
mlteeS by the chairman, and they
were so referred.
On motion the board adjourned to
May 9th. at nine O'Clock a. m.
E. S. RENNE,
County Clerk.
THURSDAY MORNING. MAY 9, 1901.
Court House. O'Clock a. m.
Board called to order by Chairman
John Juno. Roll was called and
quorum found to be present.
The clerk read communication
from the District Attorney of Calu-
met County. Wisconsin, in regard to a
Mrs. Henry Schmidt and five children,
sald TO be poor persons from Wood
county. On motion the notice and
letter was referred to the District
Attorney.
The report of District Attorney. on
petition of sheriff asking for price of
board of prisoners to be increased
from fifty cents 80 cents per day to
seventy-tive Us cents) per day was
read as follows:
To the Honorable, The County
Board of Supervisors of Wood County,
| Observation-Disclosures: Here follow
ing the undersigned respectfully
submits his opinion on the question
whether the county board can legally
change the price of board to be paid
for keeping prisoners, established by
resolution of a former county board
and paid to the former sheriff, during
| the term of the present sheriff,
referred to him by your honorable
| body.
On examining the law of this state,
lind that the resolution passed by
the former county board, allowing the
sheriff so cents per day for boarding
| prisoners, is in the nature of contract
With the other sheriff and does not
bind the present sheriff. The county
board has not the right to establish
by resolution the price of board in
advance and bind the sheriff by it.
The law imposes the absolute duty
and responsibility upon that officer
TO take the charge and custody of
the Jail of his county and the persons
therein, and keep them himself or by
his deputy or jailor." Section 725
Revised Statues.
He must take charge of the persons
confined therein and he must, with
other things, furnish them with a
sufficient quantity of wholesome food
properly cooked three times a day
during their, confinement. Section
The law further provides that 'sall
charges" for maintaining convicts who
have been sentenced to confinement
in the States Prison, while they
remain in the county Jail and, "the
| expense" for maintaining prisoners
charged with offenses and duly COM
mitted for trial, those who are
confined in Jail, or who may be
committed for the non-payment of a
fine, shall be paid out of the county
treasury, after having been allowed
by the county board. Section 4947 r. S.
In the absence of any contract with
the county for boarding prisoners.
the sheriff can only recover actual
charges and expenses for the keeping
and present his bill therefore to the
county board.
The charges and expenses" would
include all actual expenses in main
tanning prisoners, including expenses
for servants, etc.
The county board may make a
contract With the sheriff as to the
amount which shall be paid for such
BOARD; but this must be by agreement
between the parties.
Section 694 authorizes the county
board at an annual meeting by reSOlu-
ton to change the method prescribed
by law, for compenSating sheriff, and
to fix salary for the sheriff in the
same manner as the amount of other
county officers are required to be fixed.
The salary SO fixed shall be in lieu of
all fees and compensation for services
rendered within the limits of such
county, by the sheriff and his under
sheriff and deputy sheriffS, for which
said county would be liable if no
salary was paid, except for keeping
and maintaining prisoners in the
county Jail.
The Constitutional provision (Art.
~ Sec. 26) which forbids the ''compen-
satiOn of any public officer to be
increased or diminished during his
term of office, and Section 694 r. S. |
which provides that the salary of a |
county officer shall not be increased or
diminished during lis term of office,
have no application to the question
under consideration.
"Charges and expenses for boarding
prisoners are neither" com pensatiOn |
nor salary with the meaning of the
above provisions.
From the view taken it follows that |
there is no legal impeachment to chang |
ing the price to be paid to the sheriff |
or jailer for boarding prisoners, if the |
county board otherwise deem it |
proper that such change should be |
made; but in case your honorable |
body should deem change proper, it |
may be well to put it in the form of a |
contract between the county board |
and the sheriff, for such time as the |
board in its discretion may think |
proper.
For the authorities in support of |
my opinion | cite you to the case
OF Bell vs. Fond du Lac county So
Wis. 433. Deissner VS.. Waukesha
county % Wis. 5SS. Doty VS.. Sank |
county SO Wis. 1O2.
All of which is respectfully sub
mitted.
Dated this Sth day of May, A. D.
1901.
III. WIPPERMAN.
District Attorney.
On motion the above report was
accepted and the District Attorney
ordered to prepare a contract with
the sheriff for board of prisoners at
seventy-fve cents per day from May 1,
1901, to the end of the present sher-
ifs term.
1t was then moved to adjourn to
two O'Clock p. N. The motion was