Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1914-03-12
COUNTY ExTRAvAGANCE
Big Unauthorized Salaries Paid


upon the matter of salary of State s
Attorney is found in Chapter 2S3 of
the 1909 Session Laws. This chapter
provides that 81. In counties having
population of four thousand or less
six hundred dollars (s6o0.0O). 2. In
counties having population of more
| than four thousand and less than six
thousand. seven hundred dollars
($7OO.00). 8. In counties having a
population of seven thousand, eight
hundred dollars $500 Oo). 4. In couu-
ties having population of more than
seven thousand, fifty dollars $3.50 O0)
for each additional thousand or major
| fraction thereof, in addition to the
| said eight hundred dollars ($S0O 90,
PROVIDED, however, that in no county
shall the salary of the States Attor-
ney exceed the sum of fiftenn hun
dred dollars (Sl5OO 0W." Then Sec
tion of this same chapter says "Fol
the purpose of determining the salary
of States Attorneys of the different
counties of the state as provided fol
by this act, the population of the re-
spectiye counties shall be determined
in the manner now provided by law. .
| In this connection it devolved upon
the County Auditor of each county tc
certify to the population of the coun
ty on the 3lst day of Decem Der fol
lowing each general election. The
statutory rules for determining the
population are found in Chapter 104
of the 1873 Session Laws and in Chap
ter 1873 of the l9l1 Session Laws.
These in brief, provide that the Coun-
| ty Auditor shall determine and salts
| fy to the population of the county
| and file said certificate with the Clerk
OF Courts. In doing this he shall as.
certain the total sum of names con
tanned in the entire registration lists
of the several voting precincts of the
county filed in his office Immediately
prior to the last general election and
IN making up such total sum of names
in the event that there are no regis.
tration lists filed in his office he shall
take the poll books and for such pre-
cincts take the names therefrom and
then multiply the total sum by five
the product of which shall be deemed
to be the population of such county,
in all counties where such population
is or shall be used as the basis in de
termining the salaries of any and all
county officers
Following the law and rule laid
down, Joseph Ihli, as county auditor,
certified to the population of Hughes
county on December 81, 1910, to be
6,0l5 and on December 81. 1912, the
populatson as $3.50.
Going back then to apply the law
in determining the correct amount of
salary for states attorney for Hughes
county it is easily seen that as our
county has a larger population than
1000 and less than 1000 the proper
authorized salary is S70o a year for
tue years following Dec. 31st, 1910.
There can be no question about that
And it appears that one of the specific
| reasons why the County Auditor is
| required to certify to the population
is for the express purpose of deter.
mining the salary of States Attorney
Hence the County Auditor cannot
plead ignorance as to the correct
amount of salary authorized by law
for States Attorney. And so if he
draws or has drawn warrants fol
salary in favor of the States Attorney
for amounts larger than authorized
by law, he is fully responsible in that
| measure for his act.
What then do the records revealt
In this connection we will cite the
records for the years 1911 and 1911:
| during which Glenn w. Martens
served his second term as States At
torney. We do not cite the records
for the two years previous for tht
reason that another law was in force
for part of his first term. The 19os
statute cited above became effective
July 1st, 1909, which was before
Glenn w. Martens was either nomin
ated or elected for his second term OF
Office as States Attorney.
During each of the years 1911 an6
1912 Mr.. Martens was paid for salary
as States Attorney 100000 a year OF
Sls00.00 for the two years. While
under the law cited he was entitled
/ to only s700 90 year or $4,000 fol
| the, two years. Thus showing thai
Glenn w. Martens was paid with the
apparent knowledge and consent Of
the County Auditor $4,000 more thar
is legally authorized
Turning then to the year 1913 at
which time Iom G.. McNamee became
states attorney, the records show
that he was paid for salary for the
first six months of the year $500 pei
month or s450.OO for the half yeaI
period. That then presumably owing