American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1915-11-25
fact and of law are involved. Attorney Baird challenges

IAN 'ldSh VI wv a. VI Ic ItSOlQIlOn IcldIH1S W JHc
making of any contract at all. This is a matter of evidence
solely, and a matter upon which the April and July min
Iutts OF the commissioners is silent. If Mr.. Bairds conten-
lions are not true, the board should have no difficulty in
establishing the fact that they are not true. Then if it is
proven that such a contract was entered into, or agreed
to by both boards, then the question of legality arises. The
court is competent to determine both issues, and they
witt be left to the court for determination.
Appeal No. lis aimed at the approval of the reports of
fees collectedby Auditor Bulfinch and Sheriff Jeffries. No
Question of intentional wrongdoing is involved. 1t is mere
y one of procedure and grew out of a mistaken %interpre-
ltation Of the law.
Before Highway District No. l was created, there were
a number of ~condemnatio suits filed for right of way for
roads. These were suits brought by the county and no
filing fees were charged, because they would necessarily
have to be paid by the county. The law recognizes this prac-
tee. When Highway District No. l was created the high
way commissioners brought a number of condemnation
suits and Auditor Bulfinch acted upon the mistaken as
sumption that they were in the same class, and exempted
by law from filing fees. The first of these cases was filed
In February and thirty-eight others were strung along
from that date until in September The cases were enter
Jed On the records and plainly show that no fees had been
collected. There was no attempt to cover anything up.
Fees were, however, demanded of the defendants for filing
answers. On September 9, McDougall & Jones raised the
question of the legality of this course, claiming that if
one party was exempt the other must be. Mr.. Bulfinch
states that he then asked for an opinion from Mr.. Baird
and was told by the latter that in his judgment fees should
be collected from both parties, but he would look it up,
and in a week or ten days, Mr.. Bu1finch says, Mr.. Baird
directed him to collect fees from all parties to these suits.
The highway district commissioners were notified and
promised to take care of the matter at their next meeting
and on October 27 a warrant for all these fees was turned
over TO the Auditor.
In the meantime the end of the quarter had come. Sen.
TENDER 30, and the reports of Auditor Bulfinch and Sher-
if Jeffries were made up covering fees collected for July,
August and SEPTEMBER. No account of these unpaid fees
was taken, for the reason, Mr.. Bulfinch adds, that no mon
ey had been paid. Before the commissioners met County
Attorney Baird looked over the reports of these officers.
AS to what position he assumed, his statement and that of
the Auditor do not agree. He claims to have directed the
Auditor to file a supplemental report accounting for the
fees that had not been collected. Mr.. Bulfinch says that
he suggested that such a report be filed, but did not COM
mand.
On the bottom of Sheriff Jeffries' report, which also
did not include uncollected fees for serving these papers.
Mr.. Baird made the following endorsement: Criminal
cases, 0. X. Fees in Highway District condemnation should
be accounted for. S. L. Baird, Prosecuting Attorney"
The commissioners approved the reports as filed. Be
tween this meeting and an adjourned meeting held the 22d
of September, Mr.. Baird and Mr.. Bulfinch again discussed
The matter, and their statements are at slight variance
as to what occurred. In any event no supplemental ac-
count was filed. On November II, Mr.. Baird filed his ap-
peal against the approval of these accounts. The money
rad in the meantime, been collected, the last of it on Oct.
Iober 81, about three weeks before the filing of the appeal
1t should be explained that fees are seldom paid when
cases are filed. A code of honor between clrks of court
and attorneys is in vogue. Clerks are not required to re-
port until the end of each quarter and attorneys do not
usually pay until the fees are brought to their attention.
OF the thirty nine cases involved in this action Baird &
Davis were the attorneys in one. This case was filed July
%, and the demurrer September IA. The fee in this case
was not paid until October %. While there is no doubt
that the fee would have been paid at anv time if called IA
the attention of Attorneys Baird & Davis, the fact that it
not paid will be taken into consideration by the pub
JIG III weighing the whole matter.
The writer is of the opinion that the payment of the
warrants for constructing the Bannock Valley road, in
vo!ving as they do or will the apportionment of two thirds
of this amount to Highway District No. 2, is Justly before
the Court on the grounds of equity alone.
The writer does not consider that the conditions sur
rounding the fee matter justify in any way the action TAX
EN-, ard believes its bringing to have been i'll advised. Had
there been endorsed on the report "disapproved," and
the reason therefor, instead of a qualified approval, the
justification would be stronger.
II MOUNTAIN BECOMES A MOLEHILL.
The Power County News is at last out with its great ex-
nnSureS The m4unfain has duindlad To n rnolohiIl Tho