The Lewiston teller. (Lewiston, Idaho) 1900-1905, 1902-04-03

l
terest.
SHERIFF WANTS HIS MONEY. |
Sheriff KroutinSer Is In the Supreme Court Seek.
ing to Mandamus the State Board Of Exam.
liners.
Sheriff A. w. Kroutingcr has fled pc
tition in the supreme court asking for
writ Of mandamus to be directed against |
the state board of examiners. The object |
Of the writ is to compel the state boart to
audit and pay the expenses incurred by
the sheriff in going to Tennessee after
Kit Chitwood, fugitive from justice,
and expense of extradition and return of
prisoner to Lewiston. The sheriff made
the trip about six months ago and brought
back the prisoner at an expense Of $a7o. 20
which he paid from his own funds. He
presented his bill to the county commits
sioners Of Nczperce county, and, the
board relying on an old statute. refused
payment The refusal was based on the
claim that the state WAS the proper party
and that the county was not liable. The
state has heretofore paid these claims,
having authority on section S42s, chapter
249, sub. 4 Of the old statutes, which read
as follows:
"When the government Of this territory
In the exercise of the authority conferred
bv section 2, article 4 Of the constitution
OF the United States, or by the laws Of
the territory, demands from the execu-
tive authority Of any state or territory Of
the United States. or Of any foreign gov
ernment, the surrender OF the authorities
Of the territory Of fugitive from justice
who has been found and arrested in such
state. territory or foreign government,
the accounts Of the person employed by
him to bring back such fugitive. must be
audited by the controller and paid out Of
the territoria; treasury"
The claim was then presented to the
state board Of examiners, who. acting
upon the advice of the attorney.general,
refused to audit the bill the contention
beiug that the old provision did not apply,
and that later one, to the effect that
each county must pay for the prosecution
of its own criminals, should govern. II
was agreed by both sides to the contro-
versy that the question was far from
clear, and in the effort to get his money
and settle the law in such matters, the
action is now brought in the supreme
court. Miles w. johnson, county attorney
of Nezperce county, will appear rs attor-
ney for the petitioner and the attorney
general for the state. II ;s the in
tention to secure hearing April 7.
when the supre me court convenes at
Lewiston.
The question is very important one,
in which every county in the state is in
terested. County auditors do not wish
to render themselves liable by paying
these expense accounts wrongfully, and
officers cannot be forced to pay out large
sums of their own money in search of fu-
SitlveS rom Justice Wueu tnefe ~ 1ues'
ton about its being repaid.
The supreme court Of Idaho has original
jurisdiction in but few matters, an action
to mandamus a state official being one Of
them. The constitution. which prescribes
| the duties and powers Of the court, will
not permit the states highest tribunal to
act OH such matters. at chambers. The
case being of unusual importance, a
special session Of the court was called for
April 2. On that date an examination OF
the petition was held and writ of man.
date issued fixing April 7 as date when
the state board of examiners shall appear
to show cause why the bill shall not be
paid.