Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1906-03-26

wise go "uG Ut the county TIE answer
is YES.
The statute is clear on this ql4sti on
of construction about it. Section 69 "A
heretofore quote expressly says: the
saTary 20 fixed shall be in lieu OF all fe S
compensation for services rendered
within the limits of such comfy 10y the
sheriff, The under sherl1 and deputy
sheriff for which such county would be
liable if 70 srary was establish d.
In Northern Trust Company VS.. shy
dor / Ii Wis :. 5l6 554. all such eX"enses
aS tn wer' expressly covered and held
10 be included within the salary. Tie
same is ira" OF all chBrges for assist
aure aud werk OF hi own team in con
veYlug prisoners. McCumb r VS. Wan
kesha County, 9 Wis. 443-444 AID
alse for any charges for jaiifer. Hart
well VS. Suerv isOr5 Of WauKe, ha equity
% Wis 3Il. rhe jani,Or ap 'oIuted by
the sheriff is simply deputy
In par~On VS. w aukrSha County. 50
Wis, 288 il Is expressly held that nn-
der the salary system The cOento wauid
not be liable for livery hire in sObpOena-
ing witnesses, or for car fare and livery
nire in summoning n ury, or for assis-
lance and conveyance in making arrests
hid that that this salary cever5 the
sheriff and his Deputies, and cOn>e
quently no salary can be allowed TO n
ianitor.
40 the same e(t9ct is Douglas County
vs. SomnerS, l20 Wis, 424,
FOURr I'll. Another question pre-
spnted i whether the County Board
has Jurisdiction to act upon caims
where they are not properly made out
and itemized. etc Answer must BE- ''nO.
Section CIT Il. =. 1898 provides:
Every person having any sech claim
against any county shall make Il state
ment there OF in writtinf setting four b
the nature of his claim and the fact up
on which IT, if founded, and if the claim
be an account. the items t-e"eOf sep
arAt-ly. the nature Of each, and the
itme expended in the performance Of
any services charg d for. VIII n no
spec fic fees are allowed by law, and if
! the claim be for mlage the statement
! hall specify the date and places, 81 as
! 20 show betwePn w0 Il points and when
| travel ch trged for was had and also tn E
purpO5 for which such travel was had
Such statements shall be verified by
| theaffidaVit of the Z aimHnt, h 3 agent
or attorney. and be fled with The county
clerk, and no such claim against any
county shall be acted upon or cons ider-
ed by ana county board unless such
sUotemeut shrll made been SO made and
| filed.
Oar supreme Court has ex rressly
| held in Two late cases that where the
the g aim was not made out in accord
once with his section that the cnanty
board had 40 right whatever to act I'M
on tn claim. had no jurisdiction.
Northern Trust Company vs. Snyder,
| lib wis 5l6: Miller VS.. Crawford Couu
~, l06 WIS 2lO;
! These two eases settle proposition,
and county boards should be verycare-
! full and not act upon any aim which
is not mad out in accordance with this
provisions aud verified, b+cau-e county
boards which act upon claims iD viola
ton of this provision are very apt to
become personally liable for money SO
taken out of the county treasury.
/ went over thes question with your
hunorabe body quite full y thu annual
me ting in December last and it is not
necessary 10 again go into the matter
exba Istlvely here.
FlFr. Another question presented
is whe her sheriff has any right to re-
cover Tor his expenses ana ~ laEe or
fees in attempting to make San arrest
for trips on which no arrest was actual
ly made.
This question is also absolutely set
tied by our supreme court IN the case
i of Schneider VS. Waukeeha COUNTY, 1903
Wis 266 The question there present.
ed was a. TO whether the sheriff can
recover milage for travel 10 an honest
but unsuccessful attempt to execute a
criminal warrant, and the Supreme
court held that he could only recover
any sum whatever under the provisions
Of sub section 81 of section .73l OF the
statutes OF 1898, which is as follows:
when any person accused OF any fell
ony shall escape pursuit without fault
or negligence of the sheriff, and The
district attorney shall certify such dur
suit was necessary and proper, the
county board may in their discretion
allow fair compensation for the time
and uece-s Try expenses incurred 10 slch
pursuit The time would be at the
rate 81 rot 10 exceed hee collars day,
and 20 niiage, but just the acbuel nee