The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1907-05-23
Ruling Of Supreme Court Makes
It impossible for City Off.
Gals to Receive Pay
CITY MUST NOT PAY MEMBERS
Attorney James Cavanagh Under Read
ing of the Law and Decision of
the Courts Claims All Are
Liable to Arrest

member of the Board of Education,
has thrown something of bombshell
into the ranks of the men who have
places on the Common Council and
the Board of Education by simple
little announcement which he made
on last Tuesday evening. During the
meeting of the Board Mr.. Cavanagh
stated that he could not in the future
vote for the allowance Of any bill
which should be presented Ito the
Board by any member of the Board.
| It is learned that Mr.. Cavanagh
bases his announ cement on recent
decision of the Supreme Court of the
state in which it was held that it was
unlaw for any member Of a Board
Of Education or Of City Council to
receive any money from these bodies
or to make any contract with them. In
handing down the decision the court
stated that the m embers of the Boards
voting for an appropriation of money
to any member was equally guilty Of
violating the law and that they were
subject to prosecution and if con-
victed may be punished by fine and
imprisonment. The discovery of this
action of the Supreme Court hits hard
at esta blished customs in Kenosha for
| both members of the Board of Educa-
ton and members of the Common
Council have in the past received
valuable contracts from these bodies
and at nearly every meeting orders
are being drawn for the payment of
bills to members.
Attorney Cavanagh in speaking of
the matter today said II do not care
to take upon myself the possibility of
prosecution under the state law and
| for this reason | have declined to vote
| for the payment of any money to
members of the Board of Education.
! TIE law is right in that it seeks to re-
move the idea of gain entirely from
the minds of the members of these
boards and it assumes the fact that
the Boards would naturally be little
more considerate of the bills present.
ed by one of their own members than
by an outsider"
Prosecutions under this law may
be started by any interested citizen
SO that in the future the members of
the Boards will be treading on very
dangerous ground if they make ap-
preparations for the payment of bills
presented by members. In most cases
in the Council the amounts allowed to
members are presented as contract
bills. These could be arranged by
presenting them in the name of an
other company, but Attorney Cava-
nagh claims that it is impossible to
whip the devil about the stump. ia
that manner and that the law COM
prehends that no company in which
a member of one of these boards is.
interested shall receive pay from the
boards.
For many years it has been custom
airy for the members of the Council to
1 let valuable contracts TO mem bers and
this has been one of the reasons for
some of the members seeking Office.
4 Ca he ruling of the Supreme Court
the mem bers of the Council would be
guilty Of nisdemeanor for the con-
tracts hat have been awarded in the
past, but it is not probable that pros
ecutions will be started. However
\ snch prosecutions are not barred by
any statute of limitations and the re-
cent decision of the Court of the state
will undoubtedly act as warning
to members of the two Boards in the
future. The bills will be closely
scrutinized by members and the
favored members of the Conncif and
School Board will be forced to give up.
their contracts or else wait for their.
pay until such time as they are no
longer members of the Board.
One member of the Board Of Educa-.
ton is worthy Of special mention in
this connection and that is EdwardJ.
Sullivan. When he was elected tothe
Board several years ago he advised
himself of the state law and its pros
visions AID since that time he has
steadfastly refusedeto put ina bid for
any work in the gift of the School
Board. Or one occasion he was urged
by the members of the Board.to make
an estimate on somes plumbing work
for one of the schools, but at that
time he declared that under the law
he had no rignt to make bid and
that he would not accept contract
from the Board of Education so long.
as he was a member, of the Board.
j However there are some members of
the Board of Education and the Coun-
Gil that do not take the same view as
Mr.. Sullivan.
The members Of the Woman's