Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1905-04-07
asllr0t0n s tandard
OIIupIa. WASH.
FRIDAY Morning. iPEll. I. 1905.
UneasY Lies the Official Head.

inc VII >pinCw hat dcrllu" III favor,
when lcw more object lessons like
that Just administered by County At.
t"rney A.iinc are well learned. Iith-
e!:p It has been he'd that common
= nsa WAS about The only absolute re-
4n.~:t' ,or successfully filling almost
Any office within the gilt OF the people
t'.t that idea ha> gone the way Of such
other vasar,', a. that faithful service,
On the face OF tho returns (Which may
he subject t" innumerab.e legal peca-
dIl!Os generally not found out) const-
tutes valid and uuassailable claim for
reelection.
Attorney Alling has made the dis
coyerv that the action OF our County
Commissioners for many years back,
has been irregular and Illegal. and
that, too. in some respects which in
validatcs II train of succeeding Off
cLu acts. For instance, our present
Commissioners were not sworn into Of
flee on the first Monday of January !;
that day being considered by them a
holiday. the beginning OF the New
Year; and that it was a illegal" holi-
day was sufficiently established to
their belief because the letter. carriers
did not deliver mail, nor the banks
pay checks on that day. While it was
true that New Year came on Sunday,
and Mondays substitution was some
what of the vicarious order, it was
enough to follow the example of the
salaried hosts who never work on a
holiday, whether made legal by enact
ment or not. So the board waited till
the ninth day OF the month before
donning the robes OF Office. Mr.. ALI
ing claims that the first meeting being
illegally organized, all subsequent ad.
journed meetings were likewise illegal,
and all the acts done at them are in.
valid, including purchase of the Poor
Farm, and that they may be made
to reimburse the county to the extent
OF $4,000 for that expenditure. If this
first act OF the Commissioners has such
a wide-reaching application, it seems a
little strange that their legal mentor
had not administered q gentle tap on
the shoulder at precisely the right
moment to prevent it. If he, being a
lawyer, tried and true, and paid to
keep other officers in the straight path,
did not know it, how can it be expect.
ed that three men, selected more for
common sense and honesty of life than
any supposed knowledge they might
have of quirks and bubbles of PROBES.
sional experience, should be able to
comprehend the inexplicable maze OF
detall that has been constructed, from
time to time, by amendments to a law
once reasonably plain, apparently for
the express purpose OF mystifying the
duties of public Office and affordine
loopholes for smart lawyers to upset
matters of public policy wheneve,
they run counter to their inclin atoms
or interests.
1t is not, however, with the present
board the County Attorney has SO
much to do, but his discoveries apply
to all these officers, as far back as he
has gone. The statute of limitations,
however, restricts liability to the las,
board and the present. There are
four regular meeting provided by law,
to be held on the first Mondays in
January, April, July and October. I,
is only at these meetings the Commits.
sioners are allowed to audit their
claims for per diem and mileage, and
they have no legal claim fol, con struc.
tive mileage (such, for instance. as
when the officer rides on a pass) OF
while travelling to inspect bridges OF
road Improvements. Subsequent meet.
ings can be held by adjournment oil
the regular meeting, which fact mus,
be entered upon the record.
Special meetings can only be held
= by call OF two Commissioners giving
the time and object, advertised for g
prescribed time, or by unanimous call
likewise under certain conditions. The
expenses Of these special sessions shall
be audited by the Superior Court, on q
day set by application OF the County
Attorney, and the claims must be sub
mitted in writing. The Clerk of the
Court certifies the date fixed for hear
ing to the Sheriff and that officer
causes advertisement of date 70 be
made. Protests are then in order, anc
if the claims are allowed the cour,
directs their payment without the for
mality of warrant.
1t is announced by the County
Attorney that he will direct suits
against ex. Commissioner H. NJ. Pierce
G. w. Bell, Homer Raymond, anG
Commissioner r. NJ. Payton, to re-
cover from them the money they have
received for per diem and milesg.
during their terms of Office prior t
the present, except such sums as wer,
awarded at their quarterly meetings
1t is said that the money that viii
probably be recovered, under thes,
actions, will aggregate several Thousand
dollars.
1t is a question how far merely
technical violation OF tho law shall
apply, especially when the position.
involve much hard labor and response
bility, and the pay consists more il
cusses than current coin of the realm
When an appropriation for services il
not sustained by law, of course restitu
ton should be made, but an error il