West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1914-01-08

." Ex-shsr'f s~snnsrt's Aeeosass-
Many Allowances Not Ausborl.ss-
Statutory Law and supreme Court
Quoted


SrEREsr on SCHOOL FUNDS.
Section 40, Chapter 45, Code 1899:
IL any sheriff or collector
sbali pay out in any one year more money
on account of the teachers fund or build
ing fund than shall have been levied and
could have been collected by hlm during
the said year, together with the amount
remaining in his hands from any pre-.
ceding year, he shall. in such settlement,
receive NO CREDIT for such excess
Ex-Sherif Lenhart did allow over.
drafts to occur, and not only received
credits, but paj men and interest on the
same. IL seems TO nave been customary
Tor certain funds>to be overdrawn. /
make exceptions to the payments OF such
overdrafts, but they are, not held against
the sheriff. The interest, however, paid
on this account Is entirely improper. and
is held as being due from the officer to
whom paid.
Included in the 1906 settlement of 1905
taxes were the following orders to James
A. Lenbart-valley Dist. Building Fund:
Order No. 1877, Aug. II, 1905, to
James A. Lenhart. Sl2e7. A
Overdraft Valley District Build
ing Fund, 1905 settlement. l224.o0
Dit. being6% int. yr. on overd'ft 5 73.44
1t is held that the above amount,
S73. A, should be paid into the treasury
by ex-Sherih James A. Lenhart and cred
tied to the Valley district building fund.
Reno District Teachers Fund.
Order No. !, August II, 1905, to
James A. Lenhart. s 81. 90
Overdraft Reno district teachers
fund, 1905 settlement.- &c. 9j
s 3.65
Reno District Building Fund.
Order No 2, August -, 1905, to
James A. Lenhart 8 4O5 20
Overdraft Reno dist. building fund 3s2.27
Dit. being6% int. / yr. on overd'ft $50. 90
1t Is held that the above amounts of
$3 70 and $22 .93 is due the Reno district
building fund and should be paid to the
sheriff OF Preston county by ex-sherid
James A. Lenhart.
During his term of office, x -Sherin
James A. Lenhart received the maximum
salary allowance, viz, $500; also $3.50 a
year for attendance on the circuit and
county court and acting as ~janitor of the
courthouse. During this time the county
court employed a regular %janitor, whose
salary, a part OF the time, was $25 per
month and later increased to $50 per
month. h state tax commissioner holds
that where a special ~janitor is employed,
the sheriff and the county court allowing
the same are jointly responsible for all
money so paid. / have left this as an
open question, as | am unable to deter.
mine how much OF this money should be
returned by the sheriff and how much by
the county court.
Again | quote from the decision OF the
Supreme Court of West Virginia in the
case Of Tyler County Court VS.. Long,
sheriff:
So A general rule applicable
alike to each OF the several classes o
items is that the right of a sheriff to com
pensation is wholly derived from statute,
and being in d%erogation OF common
law, the statute should be strictly CON
strued. = y NJ
Recapitulation OF holdings against ex.
Sheriff James A. Lenhart on account o.
allowances:
Miscellaneous Jail supplies $155.3 81
Interest DOR IN
Int. Valley district building fund. 70 A
Int. Reno district building fund. POS
Tax tickets and printing 120.5C
Unauthorized allowances 500 81