The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1907-07-25
THE COURTS MUST DECIDE
County Auditor Murphy Refuses to
Pay Back the Money
ENGAGES ATTORNEYS TO FIGHT CASE
Some Rather Peculiar Proceedings
in the Lime!ight.

The ten days time, given County
Auditor Murphy to pay back into the
county treasury the 800 which the
states attorney. alleges he illegally
drew as salary, has expired and as
the money has not been returned it is
supposed the county auditor intends
fighting the case, in fact it has been
reported that he has engaged Geo. A.
Mathews and Chaever & Cheever as
his attorneys
1t may be that the courts will suS
tain the county commissioners of 1905
who, acting under the advice of their
legal counselor. fixed the salary of
the county auditor at the sum of fif
teen hundred dollars per annum.'
1t may be that the board of county
commissioners will be sustained by
the courts in not only fixing the sal
airy of the county auditor at the sum
of fifteen hundred dollars per annum,"
but also that the courts will satisfact-
orly explain the very peculiar proceed
ings of paying the county auditor
back salary in January 1905 for the
year 1904, which the proceedings of
the board seems to clearly indicate
was done.
It may be found that the constitu
ton of this state is of no consequence
and that the legislature can do as it
pleases in the formation and passage
Of laws, regardless of what the consti
tuition says shall or shall not be done.
All these things and many more
may be the final rulings of the court,
but even that will not make plain to
the tax payers some really peculiar
and serious questions which confront
one upon looking into the manner,
reasons for, and time of raising the
salary of the county auditor.
First of all allow the Register to
say in all candor that there is
no politics whatever in this matter
so far as this paper is concerned and
the only reason we have in making the
matter public at all is that the tax
payers Of BrOokings county have
right to expect and do expect that
anything which affects their interests
shall have full publicity. We further
believe that States Attorney Eidem is
sincere in his opinion that wrong
has been done the county and pro-
poses to see that the wrong is righted.
If there is any question about the
matter it is a good time to have
settlement. II the courts exonerate
the county officials in their methods
Of procedure then no harm can come
to anyone, but if the courts sustain
States Attorney Eidem in his action
against Auditor Murphy then the tax
payers will know that someone has
eudeavored to get away with funds
that did not belong to them and were
caught in the act. OF course in olden
times the saying held good that
man was innocent until he was proven
guilty, but Judging from the recent
past the new adage "a man is guilty
until he proves himself innocent has
been the maxim of the bunch that has
been conducting matters about as they
pleased in county affairs and 1t may
be that the public will receive further
enlightenment before this matter is
settled.
But to return to the subject at hand
Will Auditor Murphy kindly explain
how it was that he appeared before
the board OF county commissioners
at the second days session Of the Jan
uary term, 1905. and demanded posses
sion of the Office when the term of his
predecessor did not expire until March.
1905.
Will Auditor Murphy disclaim all
knowledge of the fact that the then
day previous his demanding the Office.
advised the commissioners to raise
and fix the salary of the county audi
tor at $500 per annum.
Does it not look as if there was a
concocted plan on the part of someone
to have the salary of the auditor raised
just a little ahead of Murphy's de-
mand for Office? OF curse it would
not have looked we'll for him to have
demanded the office two months prior
to the time his predecessor would COM
plete his term and in the same breath
pursuade the board to increase his
,.Iurphy's) salary, that would have
been too rank. so he did the act in a
more diplomatic manner-had his sal
airy raised first and then demanded
the Office Does it not look as if there
was little balm administered to the
wounds Of the county auditor then
acting in order to get him to acquiesce
iu the plans to get his office away from
him before his time was up-a little
filthy lucre salve applied where 1t will