The Richfield recorder. (Richfield, Idaho) 1909-1931, 1916-10-20

ed in Mr. Hawley's hands until Judg'
Mccarthy could pass upon the law al
to whether a lien could lie agains
a judgment for the State. When tina
point of law came UP for Judge Nc
Carthy's decision, Judge Mccarthy
rendered the opinion that while th'
money was still in the hands of thu
surety company the services perform
ed by Mr.. Coffin had been performed
by him for the State and therefore he
could file no valid lien against the
Judgment, upon the proposition of the
law that the State cannot be sued
McCarthy's decision by Mr.. Coffin tc
the supreme court and the supreme
court will rule now only upon the
law point as to whether Judge Nc
Carthy was right In determining that
the lien could not lie against the
judgment. If the supreme court shall
hold with Judge Mccarthy then Mr.
Coffin can establish no claim by lien.
If the supreme court shall reverse
Judge Mccarthy, then Judge Mccarthy
will try the case and determine how
much Coffin shall receive for his
services upon his lien action.
At no time it will be seen, has the
Coffin claim or lien been before the
governor or depository board. The
governor has just as much to do with
the lien claim as if he resided in
Bagdad or Jerusalem.
In the fore part of August, Mr.. Cof-
fin appeared before the State board
of equalization while it was in ses-
sion and asked for a meeting of the
land board that he might take up
with it claims which he had in the
matter of foreclosing mortgages. He
presented at that time bill for his
services based upon collection fee
of 10 per cent These fees were
stricken from the bill at that time
Governor Alexander, Attorney Gener-
al Peterson and | then took up the
matter of payment of Coffin for his
services for the State Mr.. Peterson
stated that Mr. Coffin had been seven
months in the employ of the State
since the time he had resigned as as
sistant in his office and that during
the month of February, while Mr.. Pet
erson was in Washington, Mr.. Coffin
had been paid one months salary
at $3.50, as an assistant in the attor-
ney generals office.
A tentative offer was agreed upon
by the governor, attorney general and
myself, that six months service should
be agreed upon and that Mr.. Ciffin
should be paid at the rate of $3.50 per
month for his services, Mr.. Peterson
stating that three months in the Allen
case and three months services in
the foreclosure proceedings would be
d proper amount to pay him. MI Pet
erson later informed the governor and
me that Mr. Coffin would accept $3.50
for his services in the foreclosure pro-
ceedings but refused to accept $3.50
for his services in the Allen case. A
was drawn by Attorney Gener
al Peterson worded as follows
Z Services in attorneys generals Of
ice instituting foreclosure actions de-
tailed on list herewith attached, $780,
opposite the items on the list attach
edv there were no amounts of fees in
serted. When this voucher was pre-
3ented to Governor Alexander and me
we asked that the attorney general
insert upon the voucher: three
months service at $3.50 per month"
which was done. Governor Alexander
signed the voucher upon its back, as
member of the board of examiners,
IS did l. At that time the voucher
vas not backed against the l per cent
arm loan fund OF the land depart |
nent. Governor Alexander put the
,oucher in his hip pocket and said |
hat we had heard enough of the Cof- |
in case for awhile and that the bill |
would be allowed after the primary
election.
Nothing more was heard of the Cof-
in claim of $3.50 until on Tuesday,
10Th when Mr.. Coffin ap- |
reared at the auditors office and ask
d for meeting Of the land board to
AXE up the payment of his claim In
he foreclosure proceedings. Miss
dcCoy was called in and all members
f the land board were then present
Ar. Coffin presented voucher Tor
ees and had appended list OF the
nortgage foreclosures with detailed
ccount which with a substraction at
he bottom made the sum OF $75O- he
esired the land board to pass upon
he voucher claim which he presented.
ri -. 1,oox. did MT nqgq uDOQ