Omaha daily bee., 1908-07-15
MACNEY ADVISED THE ACTION
Democratic Attorney Directed Pay
ment of Election officers.
DEMo.POP ORGAN SHOOTS IN AIR
Makes Attack on Board when, as Rec-
Ords show, They DID what
the County Attorney
Advised.

Politicians around the city hall and court
house are wondering whether the local DEM
ocratic organ is preparing to oppose city
Attorney Burnam and County Attorney
English for reelection.
This speculation ia based on the fact that
this organ is making a vigorous attack,
apparently for political purposes, on the
action Of the county board in allowing only
$3.50 a day per man as the county's share
of the pay for clerks ana judges OF the
special election held last May. This action
Of the county board, 1t is privately and
publicly known. was taken because Deputy
County Attorney Magney advised the board
to take it and at the same time City At
torney Burnam was preparing the same ad-
vice to be transmitted to the city council.
Surely Hitchcock knows this" remarked
a democratic officeholder, who has been
struck like others with the strange course
Of the demo-pop organ. HE certainly
would not make such an attack without
having first consulted the facts and rec
ords. Apparently he is aiming his shafts
at republican members of the board and
County Comptroller Solomon. but the point
Of his arrow is blunted on the fact that the
republicans are not to blame in this case"
Letter that Prompted Action.
Here is the letter from Mr.. Magney that
led the board to take it's action:
OMAHA, Neb., May 10. 19Os.-Hon. r. G.
Solomon, County Comptroller, Omaha,
Neb.-Dear Sir: In response to your INQUIRY
as to how much the county is legally re-
sPeciSl ' Section Sa I snf Se}I doS Nay anu ), viii Visa say, that
section s, chapter xiia, of the complied
statutes for 1907, contains the following
al ali special elections in any city (of
the metropolitan class the Judges ana
clerks of such elections shall each receive
for their entire. service at such election
the sum of SO, the same TO be paid by the
county and city submitting the proposltlon
or propositions to be voted upon at such
election"
inasmuch as the county of Douglas and
the city of Omaha Joined in this election:
and each submitted a proposition, / am of
the opinion that the judges and clerks
should each receive 50 for their services;
and that the county should. pay one-halt
and the city the other half. Very re-
spectfully, GEORGE A. MAGNEY,
Deputy County Attorney.
While Mr.. Magney was thus advising the
county board City Attorney Burnam, also
a democratic official, was writing the same
opinion for the city council. Both Magney
and Burnam agreed on the proposition that
Omaha judges and clerks of election should
be allowed only $3.50 by the county and a
similar amount by the city. Under the
law IL the county board had allowed more
the members would have been legally re-
sponsible to the county for the difference
and might have been required to pay 1t
out of their own pockets.
May BE settled in Court.
The question whether the judges are en-
titled to more or not may be settled in
court by an appeal from the action OF the
board. provided any of the judges feels
that he should have been paid more.
TENDERS of the county board who voted
to pay the bill of c. Z. Herring, attorney
for County Comptroller Solomon in the
litigation over the legality of the office,
declare they did so because the PROPOSE
ton made by Mr.. Solomon was a good
one for the county to accept. Commits
sioners Ure and Kennard declare they have
talked to attorneys and are satisfied that
Mr.. Solomon would have a valid claim
against the county for the difference be-
tween the salary he collected as county
commissioner during the three months the
case was in court, and the amount which
would be due him as county comptroller.
AS commissioner he received $50 a month
and as comptroller was entitled to $500 a
month, a difference of $3.50 a month, or $50.
His deputy would also be entitled to $500
more than he received, making a claim,
which the majority members of the board
consider valid, Of $3.50. Mr.. Solomon made
the proposition that II the county would
pay the expense of the litigation. together
with his attorney fees, he would waive
this claim. AS the total bill amounted to
1929 as against $3.50, the majority members
of the board decided it was a good propo-
sition for the county to accept, and they
paid the bill.