The Wahpeton times. [volume] (Wahpeton, Richland County, Dakota [N.D.]) 1879-1919, 1908-07-23
Commissioners
Proceedings
The Board of County Commissioners Meet In the
ReuIar July Session and Transact Large
Amount Of Routine Business.

district, and not being claimed by any.
one, shall be placed in the next near
est morgue in is district provided the
owner of such morgue be reasonable
in the charges for the services con-
nected Herewith.
On motion board adjourned until
Wednesday morning.
WEDNESDAY MORNING, JULY
9Th. 1908.
Board met as per ad journment all
members present and called to order
by the chairman.
On motion refundment was made
to V. H. Crane for Tax Certificate
No. 1904 of sale of 1906 for the SET
l9-129-5O Lake Traverse lands.
The taxes set aside by decree of
court as it was government lands at
time of assessment.
On motion the bill of John Swankel
for livery hire for delivering election
returns is rejected on the grounds that
the county pays mileage at five cents
per mile but no livery hire or car
fare.
On motion board adjourned until
p. m.
WEDNESDAY 2 P. M.
All members present and called to
order by the chairman.
On motion the chairman is instruct
ed to sign the warrant of admission
of Lewis Johnson to state insane asy-
lum at jamestown and Arthur Burk-
holder to the states prison at Bis
marck.
Board continued auditing bills.
On motion board adjourned until
Thursday morning.
THURSDAY MORNING, JULY
9th, 1908.
Board met as per adjournment all
members present and called to order
by chairman.
To the Honorable Board of County
Commissioners:
Wahpeton, North Dakota.
Gentlemen:
You ask me for my opinion in re-
ference to your right to pay certain
claims presented against the county
by election officers for srevice render
ed at the late primary election.
Section 687 of the code of 1905 pro-
vides that primary election officers
receive the sum of $500 per day for
their services. In my opinion the
said section clearly means that such
officers be paid 81. 90 per day for each
days service rendered. In cases of
this kind the law does not recognize a
part of day, so that any part Of a
day means whole day. The law not
recognizing parts of a day in matters
of this kind and nature, but consider
ing any part of day, one day, we
must define day in reference to SER
vice in its widest meaning. This, in
my opinion. is the beginning of a
days service at the ordinary and rea-
sonable hour and ending at midnight
hereof.
If any bills now before your honor
able body show that any election Off
Ger has performed more than one
days service as such officer, and the
fact is certifiedto by the officers constr
tuting the primary election boards,
then YOU are authorized and justified
in allowing the claimant $500 per day
for the first day and an additional
$500 for any succeeding day, or part
of day. The charge made by each
claimant and properly certified to
ought to govern your action.
You also ask my opinion as to the
legality of the charges for the rent
for places where elections were held.
and you are advised that the law con-
templates that election places be pro-
vided and that reasonable charges
therefore are legal charges.
Respectfully submitted.
Gustav Schiller,
States Attorney.
On motion the expense bill of all
election officers will be allowed as
provided for by law.
On motion refundment of 81. 90 is
made to Nels Thompson on account
of an error in collecting the personal
taxes for the year 1903.
The board proceeded to check ur
with the treasurer with the follow.
ing result:
Total balance on hand Dec
ember 81. 1907. ......... $1OO642. SO
Total collections from Jam
uary l. '08 to July /, 'O8. 3O4239. s.