Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1914-07-03
FOREST COUNTY BOARD
PROCEEDINGS.

Dill A0LuOCK DO Oh .. conway 1OT
services rendered to the county judge
and referred TO the board as whole
was taken up ana discussed,
District Attorney Sims submitted the
following opinion:
Ia reclaim of S. J. Conway VS.. For
est county, SIS 90.
The question raised in the matter of
the above claim is whether register
in probate, who was duly appointed by
the county judge and who is receiving
an annual salary, under the provisions
of section 2464a, may also receive COM
pensation as county court reporter, un-
der the provisions of 4O52c and 4052d.
Section 2464a provides in part as fol-
lows:
ANY county Judge may appoint from
time to time by an instruments in writ
ing filed with the county clerk, COM
petent person to act as clerk of the
county court, who shall have officially
designated as register in probate, for
the county in which such court is helda
Such register shall before entering up
on his duties take and subscribe the
constitutional oath of Office and file the
same in the office of the clerk of the
circuit court for such county. He shall
perform such duties in the Office as the
Judge may direct. If the board of any
county in which such register may be
appointed and in which his salary is
not fixed by law shall not fix salary
for him, the judge shall compensate
such register for his services.
Section 4O52c provides as follows:
"The judge of any court may, when
ever the occasion may require, appoint
and remove at pleasure, a photographic
reporter to attend upon the court and
take the testimony of any witness, or
witnesses, in any contested matter or
proceedings that may be pending or
upon trial in such court; and whenever
he shall deem it necessary, such judge
may require slch reporter to make and
file in such court a correct typewriter
transcript of such testimony. Every
person so appointed shall be deemed an
officer of the court, shall lakeland sub
scribe and file in such court the consti-
tutional oath of Office"
Section 4o5od provides as follows:
'tThe Judge of the county court shall
certify to the county board of supervis-
ors of his county the number of days,
and the number of half days, of actual
services per formed by such reporter in
the performance of said duties, and
such reporter shall be allowed by the
county boad compensation for his serv-
ices, not exceeding ten dollars per day
and five dollars for each half day of
services actually rendered by him and
as certified bNsaid judge. al claims
for such compensation shall be made
out and filed, allowed, and paid in the
manner provided by chapter SO of the
statutes"
It appears from the provisions of
said section 2464a that the register in
probate 10 required TO perform such
duties as the judge may direct. 1t fol
lows that the judge could require the
register in probate to attend upon the
court and take the testimony of amy
witness in contested matter that may
be tried before the court. Such work
isNwithin the scope of the official duties
of the register in probate. The salary
provided for such officer by the county
board will compensate him for such
services. If such register in probate
should receive in addition to such sal
airy, compensation as photographic re-
porter, under section 4052d, he would
receive double pay.
The case of Kollock VS.. Dodge, los
Wis. 1877, is instructive on this point.
on page 194 the court said:
There can be no doubt of the rule
that person accepts an office with all
its burdens, duties and esponsibilities;
that he must be content to accept such
burdens, duties and responsibilities APP
pertaining to his Office for the compen-
sation provided therefor.
, On page 1913 the court said:
"We must concede the rule in all its
amplitude that a person accepting a
public office with a fixed salary is
bound to perform the duties of the of
flee for the salary and that no very
nice distinction should be INDUCED as
to what arelhnd what are not official
duties
| do not believe that it is permissible
for register in probate who has Ak
ed salary TO receive extra compensa
ton as photographic reporter if he
performs such services and / would
therefore advise that the claim be dis
allowed.
Were the claim legal one the board
would have no authority to allow it in
its present form as it contains no csTti-
fieation by the county judge as requir-
ed by section 4o52d; attention is fur
- e.. &1~