Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1915-11-12

in the Blair E. Hoar custer proceed
ing instituted in March, 1913;
'The respondent, Blair E. Hoar,
was, on January %, 1918, the duly
elected, qualified and acting county
treasurer of Clearwater county. On
the 23d day of that month the board of
county commissioners made and
caused to be entered in it's minutes
the following order:
" 1t is ordered by the Board that
Blair E. Hoar be allowed the sum of
$75 monthly, as special compensation
for the work of bringing the land in
dexes of the county up to present
ownership of property; said compen-
sation to cease when Blair E. Hoar
becomes Tax Collector of Clearwater
County
son April 23, 1913, respondent pre-
sented his claim for special compensa-
tion for labor performed bringing
land indexes up to present ownership,
three months at $75, as per order of
the board of county commissioners of
date January %, 1918, 1925. This
claim was allowed by the board of
county commissioners on the same
date it was presented and warrants
were issued therefor, which warrants
were paid in due course.
Thereafter, on April 25, 1918, the
board of county commissioners made
and entered the following resolution: /:
WHEREAS: That in view of
the fact that the County Treasurer
has not yet taken up the duties of Tax
Collector and that the matter as to
the date on which these duties are to
be assumed has been taken into court,
therefore be it
Resolved by the Board that the
order of Jan. %, 1913, granting
special compensation to Blair E. Hoar
for bringing the land indexes of the
county up to present ownership be at
this time rescinded and compensation
be discontinued until future date. ;
IAN information was filed by the
complainant on March S, 1914, under
the provisions of sec. 7459, Rev.
Codes, setting forth in detail the
transaction above recited with refer
ence to the special compensation Of
$75 per month allowed and paid to the
respondent. The information prays
for the removal of the respondent
from Office and judgment for $500 and
costs, and citation issued thereon. A
demurrer was filed to the information
and, by the court, overruled.
''On March %, 1914, an answer was
filed by the defendant denying the in
territorial, wilful or corrupt acceptance
of moneys or fees, and denying that
defendant did not render service for
the special compensation received, but
admitting all the other material allie
cations of the information. AS a
separate defense defendant alleged
that he rendered certain services to
the county, which were not connected
with his Office as treasurer, in bring
ing the land indexes of Clearwater
County to date of present ownership
of property, and that thereafter,
acting upon the advice of counsel and
in entire good faith, presented his bill
and received the sum of $225 therefor,
and that such sum was reasonable and
the entire transaction was open to the
inspection of the public, and that the
prosecuting attorney advised the board
that the contract was not unlawful.
Fourteen witnesses were examined
at the hearing and fifteen documentary
exhibits were introduced. Upon the
evidence adduced the court found that
the services rendered by defendant
were not connected with the duties OF
any officer of Clearwater county; thai
the work performed by defendant was
reasonably worth the amount pait
therefor. or more; that the contract
in question was valid and was made il
good faith and under the advice of tn,
county attorney after consultation
WIN tiiS ottoiIey SViiCiait
all of tie proceedings with referenc,
thereto We're open to the inspection o.
the public; that all allegations of tn,
information that said contract was il
legal or void or contrary to publi
policy, or that defendant wilfully o
corruptly charged or accepted fees O.
money for such services. were who'll
and entirely unsupported by the evi
dence and untrue, and that the dental
and allegations of the answer wer
true. From these findings of fact tn
court concluded:
D That the said contract was
valid and lawful contract, and no
contrary to law or public policy, an
that the said Blair E. Hoar is en-
titled to retain the moneys paid hir
for said services.