The Glenwood post., 1915-01-30
RAYS oo0naNoMEIS HAVE
VIOLATED TIE Law

In q recent decision handed down by
the district court of Clear creek county
there is contained = lesson which it
would be well for the boards of county
commissioners of many Of the counties
of the state, including ROutt county,
to study well. The practice, which
has been general throughout Colorado,
especially in the rural counties, of the
commissioners appointing members Of
their own board to perform various
services for the county and paying
Themselves for acting - road viewers,
for attending meetings of semi-oRicial
Organizations and employing them
sslves for work which the law eontem-
plates should be done by persons other
thaa the commissioners, il, in this Dc.
eisioa, declared to be entirely illegal.
The case referred to 10 that Of the
Board Of County Commissioner ct al,
W. Charles F. Hechman, the defend
ant having been . member Of the
board. The evidence disclosed that
Hickman received compensation ~
general road overseer; that the county
paid for . telephone for his use, that
he was paid out Of the county treas
ury for attending Good Roads meet
ings and Commissioners' meetings in
Denver, and that he hired out to the
county his own teams for road work.
The court held that the question Of
reasonable charges made for the work
could not permit such charges, and be-
ing illegal, it made NO difference
whether the county was actually dam.
aged or not; that the commissioner rs
could not contract with themselves,
and their agreement to look after the
roads, or ordering one or more COM
missioners to attend such = meeting
was not binding on the county, and
they could allow themselves NO pay
for such services. The compensation
of a commissioner being fixed by stat
ute. he cannot receive pay for any
services other than those prescribed by
statute.
From the ruling of the court, 4 com
missioner is not allowed to receive pay
for any services other than for attend.
ance at meetings Of the board, wheth-
er such services were necessary or not,
or whether the charge made was reason
able or not. Even IL he had not re-
eeived the sum Of $500 in any one year,
this was no defense for an illegal prac-
tiee.
1t was also held that the chairman
Of the board alone is superintendent
Of The poor, and u the only member
entitled to compensation for such SER
vice, up to 1900 = year. In Clear
Crsek county, - in other counties, this
sseviee has beea performed by the
ssvenl ns.bers in their respective dis
tsiets, and the eoapsnsa4ios divided,
lie result being . considerable saving
to the county. Az . result Of tho
showing made to tAs court, the jury
was directed to retur, . verdict re-
qniring Hickman 70 retsr, d ,55o65 to
tie county which - had illegally
drawn.
Until recent yearA sinee Routt
county las 6econe Aore deassly ST.
tlsa, there w.s much excuse fer many
Of the unimportant Violations sf H.
lsttsr Of the lsw which were prastieed
but the volume Of the couaty's bssi-
nes has now grown to The peiat whore
these nattefs, which altogether former
y involved only very small sams Of
money, now amount to considerable,
and 1t win be well for all Of the OH
cials Of the county to consistently ad-
here to the plan Of following the stat
utes serietly IN every praetieular.
There has been little infractions Of the
law, but, in view Of this recent court
decision, the time IL likely 10 conc
when some taxpayer may start m Ia
vestigation, with resalts which might
b sxpeesivs fer certain individual r.
Aeess. Pfsve.ta4isn b beeese tAa1
|esp.-1satt css.&y Ssati,sl