The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-02-03

ing self-explanatory letter to the
chairman OF the senate judiciary
committee:
"Jan. 90, 1911,
lion. Ira Curtiss, Chairman
Judiciary Committee,
Pierre. South Dakota.
Oar Sir The question has risen
In many OF the counties of the state
as to whether or not county treas
urers are legally entitled to receive
the salaries that are being paid
them.
'under Chapter III OF the session
laws of 1909, tn law provides in sec
ton / that the county treasurer
shall receive four per cent OF said
taxes collected only. Section 2 pro-
yides that the county commissioners
shall make an annual levy for a
sum sufficient 10 pay the county OIL
ficers. Section ST9 of the political
code OF 1903 provides that the coun-
w Ireasurers shall receive salaries
of not to exceed S 500 in counties
of less than is, 900 Inhabitants, and
in counties having more than l5,-
900 Inhabitants they will receive not
to exceed $4,000 per anum. Phe
legislature In passing chapter III Of
the session laws OF 1909, evidently
did not take into consideration the
fact that the office OF county treas
nrer is fee office.
In the county OF Trip, Tor in
stance, where there is a great deal
of Indian land. the treasurer of
Trip county will receive about one
hundred dollars per year for his sal
airy by a strict construction OF the
law. This matter has been evaded
by some of the counties by having
the county commissioners fix the
salary OF the county treasurer. arbi-
Jrdrily, but there is a grave question
whether or not that this fixing of
salaries by the county commissions
ers is in violation of section 6, arti
Gle 8. of the constitution and must,
undoubtedly be delegation of pow
er Ii they have such authority, AS
Gently burned, destroying many OF
the records of the county, there will
be a great deal of work placed upon
the shoulders of the county treasui-
en- and if he cannot receive, legally,
more than one hundred dollars per
year, he will undoubtedly resign.
I"If this matter were brought be-
fore the judiciary committee, they
would undoubtedly see the necessity
of Immediately framing a bill to
meet this situation.
IL Very truly yours,
i "ROYAL G. JOHNSON,
/ Attorney General"
Representative Clark of Penning-
ton county, elected to the legislature
last fall, has failed to qualify, the
time limit of twenty days having
passed. Under the present law, the
only way his place in the house
could be filled now, would be for the
governor to call special election in
that county for the purpose OF elect
ing representative. 1t is now so
late that any such action would be
out of the question. A delegation
from Pennington is in the city to
push a bill granting the canvassing
board of a county the power to APP
point a representative when the reg
sularly elected member fails for any
reason to qualify.
1T would appear that Representa-
tive Bigelow's new school code bill
Is going to have a very rough road
to travel. In fact judging from the
sentiment, should any part of the
measure weather both houses it is
doubtful if the father of the origin
al would ever recognize it on the
statute books. 4,
Last night at the conservation
congress the matter again became
the subject under discussion. A
goodiy portion Of those present were
legislators, and the way some of
ther: aayed the proposed code was
pitiable. Friends Of the bill arose
tots defense, and lively scene en-
sued as the argument became more
heated. The feeling against the In
strument does not augur well for its
treatment at the hands Of the solons.
whan 1t reaches the floor.
Senate PAssec Bills.
Pierre, s. d, Jan. -. The zen
IL had ! long drawn out session
Yesterday and transacEsd consider