The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1904-04-08
DICKEY COUNTY
BRINGS SUIT
AN EFFORT BEING MADE TO
RECOVER ON OLD SALARIES
Through a Misconstriiction of the Law
1t Is Claimed the Saperintendafits OF
Schools In Dickey County Have Been
Paid Too Much. E7S 7''E5 s

Ellendale, N. D., April 8.--Actiohs'
have been commenced by the county
against Superintendent Of Schools
Dcnning and ex-Superintendent Hicks
to recover the amount alleged to have
been over-paid~ them as salary. The.
amount which the county seeks to re-
cover Of Mr.. Denning is $1,000, which
the plaintiff alleges was illegally drawn
as salary during the first nine months
OF the year 1903. From Mr.. Hicks the.
county demands the sum of $I,o62,
which the complaint states was illegal
~ drawn as salary between the second
day of April, 1897, and the fifth day 5ot
Jaliuary, 1909. The claim Of the cotin-,
IT, for the above amounts arises over
a different construction OF the law gov
erl,ing the salaries of the county super
intendent of schools than has hereto
fore prevailed The salary of the Of
hcial is based upon the number OF
schools in the county over which the
superinte has supervision. Among
The schools of the county are the spec
ial districts of the cities Of Glendale
and Oakes, which combined number
salary the superintendents have Always
been accustomed to add in each OF
these departments as separate school
over which he claimed supervision.
Last fall question arose as 70. the le-
sality Of this manner, OF arriving at
the correct amount Of salary, to which
the superintendent was entitled, and
the matter was submitted to- State :
Attorney Webb for decision. The lat
| ter after Investigating the matter con-
cluded that the special districts were
| not and never had been under the SUI
pervision of the county superintend-
ents and that by adding in eleven more
schools than. really existed a large
amount of money had been illegally
taken from the county treasury. d, rs
iquestion was submitted to Attorney
General Fricli whose opinion corres-
lponds with that expressed by State $
Attorney Webb.
1t has been the custom in every
county in the state to estimate the
salaries of the county superintendent
as the superintenderts in this county
have done, and the case will be
watched with n interest throughout
| the state: Should the, county be suc1
lccssful in the suits there will doubtless
be an effort made by other counties
| to also recover amounts overpaid to
their superintendents. j
| The portion of the laws of the state
undcs- which the suits presumably are
Icommcnced are as follows:
630. (isneral Duties. The county
lsuperintctdent Of schools shall have
1.-THE gcnctalsuperintendence of the pub
lie Schools in his county, except those
| in cities which are organized under
Especial law and those in special or i'm
ldcpcndcnt, school districts. e
| 652. Salary. = The amount of his
isalary shall be determined each year by
1.-THE actual number of schools over
(which sl,cii superintendent had official
Supervision during> the preceding
| Messrs. Dcnning and Hicks are COM
ihdent that they had perfect right
Ito count the departments in the
Eilendale and Oakes schools, and it is
tprehable that the cases will not be
finally determined until the supreme
court has bad an opportunity to review
lit. The cases will come on for trial al
lthe june term Of the district court.