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

abuse When the salary Is
fixed, attorneys will make known their
willingness to perform the duties of the
office, and the electors can select from
the attorneys available the one whom
they would prefer to have serve them.'
The law in force at the time the
foregoing decision was rendered, re
quired the board to fix the salary Of
county attorney at its June meeting
prior to his election. The statute
now, and which for several years
has been in force, authorizes the
board at any regular or special ses-
sion to fix the salary. This means,
as we understand it, taken in con-
nection with what is said in the de-
cision from which we have quoted,
that the board should fix the salary
prior to the election and failing to
do so, then the salary of 5000 per
annum would be all he would be
entitled to. II, however, that is not
the true construction, then the
general rule would be applicable,
that, although an officer may be
elected or appointed for a fixed
period, yet where he is not bound,
having the right las in case of a
county attorney to resign his office
at pleasure, such contract cannot be
considered contract to hire, and
his salary may be changed during
his term Of Office, In that case, il
the board has been misled, or
wrongfully induced to increase the
salary and is so disposed, they can
right the wrong, by reducing the
salary to an amount which they
would deem fair and right.
1t is evident from Mr.. Clouds
article, that he contemplated induc-
ing the board to raise his salary for
the second year of his first term.
Prior to January 5, 1904. he wrote
to Judge Plat. asking his assistance
in the matter, and received the fol-
lowing answer:
Waterloo, Iowa, January S, 1901.
A. M. Cloud, Esq,
Dasr Silly our letter at hand and e:C-
pected from the tone Of yo,tr letter, that
you a0ould forlcard to me a statement
board, but receiving none, write you
| My opinion is that the Iresent salary
| 10 tor oil Com 10 liffln in
my judgment. 1t ought to be $1,000.
do not believe it is economy to cut
the salaries of public officials to less
than living amounts. l certainly hope
the board will give you an increase.
Sincerely yours,
FRANKLIN G. PLATT
AS to whether he applied to the
board for a raise Of salary at that
time we are not advised. But tina,
he had the matter in mind from
that time to wit: January 5, 1904
until after the general election the
following November, ten months, il
quite certain. The election occurred
November Sth, and five days after
wards, he induced the board to in
crease his salary from 5000 to $500
per annum. Did Mr.. Cloud believe
that if he "toted" fair, and had the
board fix the salary at the increased
sum before the primary election
that it might injure his chance o:
securing the nomination? If not
what, Mr. Cloud, was your motive:
Mr.. Cloud cites the facts, that
H. T. Arnold and q. G. Perkins
were allowed $500 per annum 10,
their services as county attorney
but he fails to state that both o
those gentlemen were older and had
had much more professional ex
perience, when they assumed the
duties of the office, than he had, and
were therefore better qualified te
perform the duties required by the
office.
Notwithstanding the fact that thu
statute provides, that one of the
duties of the County Attorney is tina
he "shall collect and pay over tc
the person or officer entitled there.
to, all money due the state or county
SO far as he is able to collect til,
same" and that this service is paic
for by his salary, Mr.. Cloud at the
January 1904 session Of the board
procured the passage Of the follow
ing resolutions:
sResolved. That the county attorne,
be allowed 10 per cent of the amour
collected or recovered by him on ole
claims. such as insane fund accounts
etc i, that are not evidenced by writer
instruments in the form of notes, bond
or mortgages, due from different par
ties to Delaware county and the coun
ty auditor is hereby authorized to draw
warrants in his behalf to that extent a,
soon as any such claims are paid to thu
county,"
During the year 1904, two i'm
portant criminal cases were tried in
the district court, the State agains
Barr, and the State against Liebe
and it is but fair to say that con
victions were had in both Of them
In the Barr ca e, Mr.. Perkins as
sisted Mr.. Cloud and was allowed
by Judge Blair for his services
$4,000 In the Liebe case Mr.
Perkins also assisted the county at
torney, and on the certificate d
Judge Platt was allowed $4,000
for his services. Judge Plat in his
certificate to the board says: "That
upon the trial of the case it was
shown that Z. G. Perkins had care
fully prepared the cause for trial
and it was apparent that he had de.
voted considerable time to such
preparation and that 500 would
be moderate compensation fol
such services The question very
naturally arises, What was the
county attorney doing while Mr.