Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1912-03-01
CO. O.ATTORNEY PLAY
ING MORE POLITICS
DESIRES TO INTERVENE IN
MILLSAPS CASE AS PROSE-
CUTTING ATTORNEY

A civil case of unusual interest
came up before the district court
on Wednesday in which Frank Mill
saps appealed from a decision of
the board of county commissioners
of Lincoln county. In reality the
appellant objects to the payment
of salaries to certain clerks en-
ployed in the office of E. G. Isen-
berg, county assessor and collector,
viz, Miss Agnes Helman, Mrs. En-
ma Johnson, E. NJ. Walker. r. T.
SpauIding, Bert Bowler and Fred
f Gwin; obejction is also made
! to the salary of twenty five dol
lars a month paid to 6. T. Massey
for services as clerk in the pro-
bate judges office. to Y v Bow
er for duties as deputy assessor
and for the expenses of the mem
bers of the county board in atend-
ing a state convention at Boise of
county commissioners and their
clerks. Jas. r.. Boutwell, appeared
as attorney for Mr.. MiIlsaps and
the law firm of Johnson q Had
dock represented the commission
ers. Mr.. Boutwell, desired to in
tervene i'll the case as prosecuting
attorney but this contention W
Overruled. The result of such in
tervention would have been to
throw the costs of the appeal, if
any, on the county. The attorneys
for the commissioners offered to
introduce evidence to prove or es-
tablish certain facts which they
considered necessary in the case
unless those facts were admitted
by the opposite side. Finally the
attorneys for both sides agreed to
statement of facts in the case,
the same to be used as basis for
the courts decision. Some of the
facts submitted are as follows:
That the work which the several
clerks were called on to do was
county work and that it was nee
essary to have it done.
That these clerks actually per
formed the work they were en-
ployed to do and that the charge
for the same was Just and reason
able.
That some of this wohk could not
have been forseen by Mr.. Isenberg
because of the delay and confusion
by the advice of the
governor for the commissioners to
levy only two and one-half mills
for school purposes and later de-
cision of the supreme court that
less than q five mill levy
would answer the law.
1t would seem that the appellant
rests his case on certain techni-
ralities wherein Mr.. Isenberg did
lot use the proper legal form in
that he should apply
ior the needed help. and that the
did not follow the
aw properly in making out the
order for the employment Of the
Jerks named i'll the case. 1t might
lot be out Of place here to men
ion that the only legal adviser the
assessor has is the county
attorney and is it not his duty TO
zee that the law is followed strict
y by the county officials in trans
acting county business? and does
lot this suggestion apply to the
whose orders are
pen to the inspection Of the coun-
y attorney, and would ii not be
'eiter to examine and correct these
riders before they become opera
i've than to wait till the labor has
Ieen performed by deserving clerks
Who expect to receive pay for
sefdl and necessary work per-
ormed for the benefit OF the coua-
he attorneys in the case have five
aNs from Wednesday III which TO
lie the papers including written
riefs with Judge Bulge, and then
lere is a short time for reply. A
ccision may be fairly expected
cry soon
Sheep in fine Condition.
N4'tfl Nox,.,nox. hoo rot,,.roS -