Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1905-03-01
County Matters.

In making his alleged defense,
County Attorney Cloud fails to re-
fer to all Of the statute defining his
duties as such attorney. AS it will
aid the reader to better arrive at a
conclusion as to who is right in this
controversy, we quote so much of
the statutes as bear upon it.
Sec. 3Ol. The county attorney shall
appear for the state and county in all
cases and proceedings in the courts of
his county to which the state or county
is q party, and shall collect and pay
oDer TO The person OF offices entitled
thereto all money due the state on. cou1l-
ty so tar as lie is able to collect the
same 4
Sec. 1902 He shall without compen-
sation give opinion and advice to the
board OF supervisors and other county
officers, when requested 30 to do, by
such board or officers, upon all matters
in which the state or county is inter
ested, or relating to the duty of the
board or officer in which the state or
county may have an interest
Sec. 303. He may appoint deputies,
who shall act without any compensa-
ton from the county, to assist m in
the discharge of his duties. With the
approval of the district court he may
procure.eQch assistance in the trial of q
person charged with the crime of fell
ony, as he shalt deem necessary, and
such assistant, upon presenting to the
board of supervisors certificate of the
district judge before whom said cause
was tried, certifying to the service rem.
dered, shall be allowed reasonable
compensation therefor to be fixed by
the board. u
Sec. 305. No county attorney shall
accept any fee or reward from or on be-
half of any one for services rendered in
any prosecution, or the conduct of any
official business.
Sec. 307 makes it his duty to at
tend before the grand jury, but
prohibits him from being present
when an Indictment is considered or
found.
Sec. 30S. County attorneys shall be
allowed an annual salary, to be fixed by
the board of supervisors of their re-
spective counties, at any regular or
special session OF said board, and in
case said board has failed or may here
after fail or neglect to fix said salary,
then the compensation as last liked
shall continue until changed by the
board at regular or special session
thereof in counties over fifteen and
under twenty Thousand not exceeding
nine hundred dollars. y In addi-
tion to the salary above provided, he
shall receive the fees as allowed to at
torneys for suits upon written instru-
ments where judgment is obtained, for
all fiues collected aud school fund
mortgages forecl0sed, and his neces-
sary and actual expenses incurred in
attending upon his official duties at q
place other than his residence and the
county ssat, which shall be audited
and allowed by the board of superv.s-
ors.'
In addition to the salary and fees
provided for, the county attorney is
furnished with an Office in the court
house, the same as other county
officers, and also has access to, and
the use of, the law library, consist
ing Of about two hundred volumes,
belonging to the county.
He is not precluded from engag-
ing in the practice OF his profession
and receiving compensation there
for from his clients, except for the
prosecution or conduct of his official
business, or as attorney or other
wise for any party, other than the
state or county, in any acIion or
proceeding pending or arising in
his county, based upon substan-
TALLY the same facts upon which a
prosecution or proceeding has been
commenced or prosecuted by him in
the name Of the county or state.
Mr.. Cloud says:
'"lhe Democrat insinuates that the
board had no right to increase the
salary Of the county attorney from
5000 to $500 per year, and that it
was done as gift and a favor"
If the board had the legal right
(Which we do not admit after Mr..
Clouds last election as county at
torney, to increase his salary from
5000 to $500 per annum we think
twas very improper for them to
have done so. 1t was not treating
the voters fairly, for as said by the
supreme court Of this state:
at is for the interest of the public to
have the office filled by a competent
and worthy person. AS rule, an at
torney of ability and experience, es-
tablished in his profession, would not
assume the duties and burdens of the
office, and hence would not be candi-
date for it, nor consent to an election
to 1t, unless he knew what salary he
could depend upon receiving. 1t is the
privilege of the electors of each county
to select their county attorney, but it
is barren one If their will may be
thwarted by the board of supervisors
4 4 On the other hand If the board
have the power to increase within the
limits fixed by statute at pleasure, it
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