American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1915-11-25

JHdJ IL 10 COIIJTdTy 10 puDIIC policy TOT any memDtr
of a village board to accept a contract, or to perform SER
vices for money other than the salary that may be fixed
as compensation. In this case there is no salary compen-
sation. There is no question but that any taxpayer might
step IN and prevent payment for such services. 1t might
even be possible to sue Mr.. Davie and compel him to re-
turn the money he has received from the village for sprnk-
ling, but it is doubtful if any jury could be found who
would do so, because service worth the money paid has
been rendered. Mr.. Davie might even be fined for engage
ing in the service of the village for pay. But, if so, others
would be equally liable. Alonzo ROwberry, John D. Isaak
and j. L. Mehlhaff, all worthy men, are in the very same
boat. Unless the statute of limitation has run, j. L. Nc
.Kown, w. T. Oliver, L. l.. Evans and others would be liza
BILE on charges of a like nature. 1t has been the practice of
the village from the very day of its organization, to dis
regard this rule of law. Members of all boards of trus-
tees have sold supplies to the village or performed services
and collected pay therefor. 1t is an unwise course to pur-
sue, and should be discontinued. Freely granting that
this is true, does it justify a grand jury? Does it require
a grand jury to discover something that is already known
y almost every taxpayer? Why would it not be simpler
for Mr.. Strong to swear to a complaint against Mr.. Davie
and Mr.. RoWberry and save the expense of a grand Jury
investigation. He could allege that Mr.. Davie had accept
ed money for sprinkling, and that the others had sold
supplies to the village, all of them voting money to them
selves, and neither would deny the fact. Probably nei-
Their could set up a plea of emergency. No one will ques-
ton in either case that the village got value received nor
that either had any intention of doing ANYTHING wrong.
Nobody has suffered in the slightest degree by the acts of
either. 1t is not a fact that the village trustees had any
other proposal or offer to sprinkle the streets when Mr..
DAVE was engaged at so cents an hour for man and team
ITO perform this service, so the Press is informed by the
chairman of the board. Mr.. Davie first secured this work
because no one made a bid in response to a call for bids.
The Davie Grain and Fuel Co. was then induced to under
take 1t, and the work was so well done that the board wish
ed to have them perform the service again this year. The
village has received better service from this company
than from any other company or individual that has un-
Idertaken this work. The practice should be discontinued
however, and not be renewed. But considering all the
circumstances neither Mr.. Davie nor the trustees. past or
present, should be held to be fit subjects for a grand jury
investigation, nor should they be prosecuted.
The next reason advanced by the News as justification
for a grand jury is that the Press has printed the commits
sloners' proceedings in supplement form and supplied
them to the Rockland Times. The Times has a contract
with the commissioners to print the proceedings. The COM
missioners have a legal right to contract with one or more
papers to print the proceedings of the board, and are linn
tied alone, to the amount paid for such service. The price
paid for publishing the proceedings in both the Press and
the Times is within the amount fixed by law. The utter
Stiffness of the proposition, as well as the ignorance of the
editor of the News, is shown when he advances this case.
A grand jury could not indict anyone for violating a fed
eral law except a federal grand jury. The Rockland Times
has not violated the postal laws. 1t has violated a postal
regulation ard the Punishment affixed is to exclude from
the mails any issue containing a supplement which does
Tot conform 10 the postal regulations. There are
more requirements for a supplement than the News men
toned. One is that it must contain the words Supple
ment to the .-..-", and another is that the sup
plement must be Of the same sized page and the same kind
of paper as the paper itself. The News editor evidently
does not know of this regulation. And if he will look back
through his files in January, he will discover that he him
self, placed the postmaster in a delicate position by run
ming Governor Alexander's message in supplement form.
We shall insist that when Mr.. Hansen begs the pardon of
the Rockland postmaster that the editor of the News shall
humble himself before Postmaster Laird and makeade-
quate amends. Hansen has even a shade the better posi-
ton because he does not claim to be a postal authority.
The reason why the News ran that supplement was to
save Governor Alexander al title postage bill. And to
prevent such practices is why this regulation-not law
was adopted, Anything used to go as a supplement. Show
people would send advertising matter, merchants hand
bills, and Uncle Sam Justly concluded that he was being
1efrauded of postage justly due him, and this supplement-
regulation resulted. There has never been an indictment
nor a prosecution under these regulations, though papers
ave been excluded from the mails for violating the spirit
Of them.
The third reason given by the News has reference to the
of Miss Minnie Jones as a teacher in the pub-