Lincoln County times. (Jerome, Idaho) 1911-1919, 1912-03-28
THE MILLSAPS CASE.
A Review of the Decision of this Case
BY Commissioner Speakman.

was over ut Shoshone las
Friday and the decision of Judg
Bulge, covering the appeal takel
by Frank Millsaps some time ago
had Just been filed. As there ha
been quite a good deal said abou
this case it will probably not be on
OF place for me to say what the de
cision was. There were three differ
ent propositions involved in tn,
case. The most important were tn,
claims of the clerks in the Assessor.
office, amounting to 1851 ,65, ano
covering their salaries for three
months, including the special work
done during the rush of October
November and December. The
next item was $100.S5 which was
allowed &. 7, Massey for services
during three months as clerk of the
Probate Court. The other item
was So. 25 which included the ex-
penses of the Commissioners and
the Clerk of the Board in attending
a state convention of County Com
missioners at Boise. This item
was paid for all of us by Mr.. Ander-
son and instead of each one filing a
separate claim the entire claim was
filed by him.
1.-THE Court upheld the Board of
Commissioners as to all of the salar-
les in the Assessors Office amount
ing to 1851 IS, but held that Mr..
Massey's claim should be rejected
as well as the expenses of the Board
in going to the convention.
| was very much pleased with
what the Court said in sustaining
the payment to the clerks in the
Assessors office, and copy this from
the opinion of the Court:
Il think it would be a very harsh
rule for me to adopt, in view of the
stipulation of facts in this case, to
hold that where it is so apparent to
every thinking person, that a county
such as Lincoln, which has more
than doubled its population during
the last year, and increased in the
value of its property to such an ex-
tent that it enjoys the admiration
OF all of its sister counties in the
state, and also being conscious of
the fact that it would be physical
for an Assessor with
two deputies to perform the labor
incident to the office of County AS
SCISSOR and Tax Collector of Lincoln
county within the time prescribed
by law, and further, in view of the
fact that the stipulation of facts
alleges as a fact that the services
were actually necessary to properly
the business Of the office of
said Assessor, and that the services
we're actually performed by the var
ous claimants, and that the amounts
claimed by them were not excessive,
out reasonable, that the Board of
county Commissioners, at the time
hat the claims were allowed, found |
Is n fact these services were abso-
utely necessary, now for me to
lpply technical rule of construc-
ion and thus deprive these claim
lnts of their Just compensation, or
moneys that they have honestly
armed for services that were abso-
utely necessary in order that all of
he property in Lincoln county
hould bear its just proportion of
axation, would result in irreparable
I'VE were not especially surprised
It the rejection of Mr.. Massey's
lain, but | do not feel that the
,ounty Commissioners are at fault.
he Board of Commissioners which
preceded us fixed the salary of the
'ounty Treasurer at 5000 per
Month. This might be satisfactory
o a Treasurer living at Shoshone,
nd who is engaged in some other
BUSINESS. There is, however, no
eason why the County Treasurer
hould always be selected from Sho-
hone. $1,000 per month is about
he average salary for a school
eacher, a clerk or a stenographer.
t could not be called a large salary
Or the Treasurer of a county
andling about $500, 100000 a year.
here would not be much left after
aging board and room. The
treasurer, w. NJ. Massey, gave this
ntire 5000 per month to his dep
ty, q. I. Massey, and the county
as never paid a cent more either
} the Treasurer or his deputy as
ounty Treasurer. We wanted to
thn n1,.,.4..