The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1901-05-02

BOISE, Idaho, April 27.-Au opinion Of
interest was handed down in the case
from Nez Perce county in which two COM
missioners in Office prior to this year were
ousted and a fine Of $500 entered against
each. There have been q number Of
such cases in the state. the commissioners
being proceeded against because Of hav-
ing collected fees for dues IN supervising
bridges and road building, etc., and the
decisions by the supreme court have held
strictly that members of boards cannot
under any circumstances collect fees for
work other than that performed - 4
board in session. In the present case the
judgment to custer is reversed on the
ground that the commissioners were act
ing under the advice of the county attor-
ney and honestly believed they were en-
titled to make the charges and collect the
amounts complained of.
The decision is by divided court,
Chief Justice Quarrels vigorously dissent.
ing, and charging that the court reverses
q long line Of its own decisions.
Late last year the district court deci-
ded the matter in favor Of the commits
sioners on demurrer. 1t was carried up
and the supreme court remanded it with
peremptory orders that the case be heard
within twenty days and Judgment Of
custer entered If the facts proved to be a.
shown by the record.
In accordance with the mandate Ius-
tice Steele heard the case and entered
Judgment of custer q ssessing the statutory
6ne Of $500 against each Of the commis-
sioners. The matter came into the SUI
preme court this time ON two appeals,
one case bei~g ex-Commissioner william
Black and the other by ex-Commissiouer
s. G. Isaman. The majority opinion says
the lower court found that the appellant
"honestly believed that it was his duty q
such commissioner to perform such ser-
vices and that he honestly believed when
making such charges aud collecting the
sums from the county that he was legally
entitled thereto"
The court also found that the commits
siouers acted upon the advice Of the
county attorney. who was by law made
the legal adviser Of the board as to the
duty Of commissioners In examining
roads and bridges.
THE COMMISSIONERS DECISIONS
The supreme court has at last come to
its senses. It has been compelled to re-
verse every former ruling made.
When the cases were first presented
Judge Steele held that the statute being
Of : highly penal rature. it must be
strictly construed, and that the facts Of
violation complained Of must be such %
showed that they were clearly contem-
plated by the Legislature in passing the
law, aud he held that o the statute pro.
vided penalty for collecting illegal fees,
that the matter complained Of could only
be for such collections q were fees. and
that claims presented for labor were not
Fee within the meaning Of the statute.
This was the ordinary construction given
to al such statutes. viz: That the act
must show that It came within the de6-
milton to Be given to the word fees. 1he
supresne court. however, shortly after.
ward. in : case from bingham county,
Idaho. construed the statute most liberal
y, and just opposite to these rules. And
went % far q to ny that II any oakcerI
was shown to have charged illegal Sees.
il was not necessary to show that the
charge was corruptly made, bat II made