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

rendered in his office while acting in
his official capacity; that he charged
and collected fees not authorized by
law for services prescribed by law
or that he presented for allowance to
services rendered in his Office and in
his official capacity, claim or claims
for fees which were illegal and which
illegal fees were allwoed to, and APP
propriated by, said officer for his own
use and benefit.
"6. Where the information by
which public official is sought to be
removed from office charges with GER
tainty the specific act for which the
removal is sought, and from such act
it clearly appears that no illegal fees
were charged or collected, such infor-
nation does not state facts sufficient
to constitute a cause of removal under
sec. 7459, supra.
81. Held, that under the provis-
ions of sec. Z, art. 18 of the constitu-
tion, sec. 2l15, Rev. Codes, as amen
ded by Sc sion Laws 1918, p. 154, sec.
255, Rev. Codes and sec. 1916, Rev.
Codes, contract entered into between
the county treasurer and the board of
county commissioners of Clearwater
- county, by which the county treasurer
was to perform certain extra work
! and receive extra compensation from
the county therefor, was void alb initio,
as against public policy, and of no
force and effect; and that an appeal
, from the action of the board of county
commissioners in letting such contract
| might have been successfully prose-
} cuted or an action maintained for the
recovery of moneys illegally paid
hereunder.
J The court concludes its opinion
with the following observations
''Since the trial court, in its find
| ings of fact and conclusions of law,
reached the conclusion that the con-
tract entered into between the respon-
dent and the board of county commits
: sioners of Clearwater county was q
: valid and lawful contract, and not
; contrary to law or to public policy,
and that the respondent was entitled
l to reta the moneys paid hereunder,
: we have decided to dispose of that
feature of this case.
"Sec. 7, art. 18 of the constitution
of Idaho, provides:
All county officers, and deputies
when allowed, shall receive, as full
: compensation for their services, fxeC
+: annual salaries, to be paid quarterly
3 out of the county treasury, as othel
: expenses are paid.
n ''The above quoted constitutions
S provision limits the compensation
: that shall be paid to county official
and their deputies for all service
n rendered to the county.
e "Sec. 1916, Rev. Codes, provides
d No county officer must, except 70
: his own services, present any claim
s account or demand for alowanc
/, against the county, or in any way ad
: vocate the relief asked on the CLAIM
r or demand made by another -.
s 'The first impression one might re
i ceive from this last section is that n
n county officer must present any clair
: against the county except for his ow
c services, or advocate the claim of an
d other. However, upon further con
It sideration, a more reasonable inter
y pretation of that statute would b
C that no county officer may present t
: the county any claim for services ren
dered outside of his official duties
= and, therefore, he would be preclude
n from presenting claim for any extr
e work done under contract, or for eS
3 ira service rendered in the preforn
h ance of his official duties. He is nc
'r obliged to perform any act or acts nc
IS prescribed by law, but if he choose
If so to do, for such extra services h
7. cannot claim additional compensate
'. and thereby indirectly accomplis
l, what the law prohibits him from dt
a ing directly, viz, to increase hi
ID emoluments during his term of Office
Where the salary or compensate
a of county officer is definitely fixe
'. by law, it is generally held that sue
l. sum is intended to include his entil
II official remuneration and to precluc
I'd extra charges for any services wha
he soever; unless it is clear that II
I'd statute contemplated and intended a,
es ditional compensation for certain e.