Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1903-07-15
A BOGUS RECORD.
An Unauthorized Proceeding Entered
ON the Commissioners Journal.

AhO SA I'LL ROA OR oOaN A4O W 0ttN0 kuO
Index out of business has gone beyond
the dirty stage. The gang have gotten
down to stink and putridcation. Some
time between June Srd and July 3rd
the following entry was made on the
commissioners journal. It appears 1T
the close of business done In May but
bears no date:
"The county atty. appeared before
the Board of County Commissioners
and County Treasurer F. B. Chaplin re-.
ferring to the suit now pendlng-re-
quested the defendants to instruct him
as to his defense-wh.reupon after
considering all the matter in lhe case
The commissioners unanimously In.
structed the county attorney to con.
duct vigorous fight against said suit,
to 90 into all matters pertaining TO the
plaintih as Co. Printer and to conduct
such defense against said suit as he
would for an individual CLIENT"
The first intimation that Commission.
ers Grouse and Lake had Of the exist.
ence Of this record was when It ap
peared in the Medicine Lodge Cresset
on July 3rd. They authorize the Index
w soy OuphoNiS0hy V00U AO cOSu Oil W.
der was made and that 1t was put on the
journal wholly without their knowledge
or consent. This order is not signed by
any OF the commissioners and hence
In law is not legal but its intent and
purpose is plain. 1t Is the only one Of
its kind to be seen among the proceed
ings. We invite the public to inspect
1t. On account Of its not having been
signed the responsible parties have
probably protected themselves from
the penalty of forgery but the act can
not be too strongly condemned never.
theless.
In order to fix the responsibility for
the dirty trick the Index took some time
to investigate by inquiring for facts Of
parties concerned. The county clerk
informs us that the commissioners
state the truth when they say that they
did not authorize this entry. He says
the county attorney instructed him to
make it.
When we first spoke to MIR. Tincher
concerning it he denied tha: he in.
structed the clerk to enter it, but later
he was not SO sure about it. lie claims
that the order was made orally and
that therefore it should have gone on
record. This Commissioners Grouse
and Lake contradicted. But If the
county attorney is truthful IN this
matter, why is it that this record was
made 80 long after the commissioners
adjourned? He knows that the only
way the commissioners can speak is by
record and that no proceeding is Of.
ficial until it is properly signed by the
chairman of the board. Why did he
not see that this order was properly
written and signed at the time he says
it was madeP
The county attorney and the ''organ''
behind him have all along contepded
that the suit instituted BY him against
the Index was authorized by the com.
mlss.oners. There was no record 10
that effect and he thought he would
bear out the assertion by causing one
to be made. Perhaps he thinks this is
honorable; perhaps he thinks this is
shrewd. but the public will put an en-
tirely different construction upon it.
The county clerks statement of the
facts In the case are reasonable and
while we think he erred in the matter,
it must be remembered that the county
attorney is his legal and official adviser
and county officers generally follow the
advice of the county attorney. The
clerk Is certainly entitled to credit for
making clean breast of it.