The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1917-02-15
COURT RULES AGAINST
COUNTY BOARD MEMBERS

The report of Attorney A. G. Pres
colt of Sheboygan who was appoint
ed by the Circuit Court here as referee
TO hear the ten cases involving ex-
cess payment fees to members and ex-
members of the county board, was FL
ed t,y Mr. Prescott in the office of the
clerk of the circuit court here last FRI
day. A separate report and findings
was made in each one of the cases sub
mitted and the referee finds on the
main question involedin the case as
follows:
First: That members of the county
bridge committees are committee men
of the county board and as such are en-
titled to pay and mileage for twenty
days service in each year and no more,
this service to include all committee
work done by such member during The
year.
Second: That members of the county
poor comm.Jtee or poor commissioners
as they have been called, are also limit
Oh OJ bhO bNOAb1 0dgo oVduubS ohd bh6p
they cannot recover for services in per-
forming all of the committee work
which they may be called upon to per-
form for more than twenty days in any
one year.
Third: That the members of the
Court House decorating committee
were an ordinary county board commit
tee and were not commitJee appoint
ed upon the erection or construction OF
a.public building and that as such com
mittee they are not entitled TO pay
for pore than twenty days committee
service, including their work as mem
bers of the decorating committee in
one year.
Fourth That the committee in
charge of the building of the Sanitor-
ium at Whitelaw was a committee in
charge of the erection OF a public build
ing and ss such is specifically exempted
from the 20 day provisions of the stat
ute.
These were the main points raised in
the cases brought 10y Carl Kiel against
the member and ex-members of the
board who we're sued and they involved
all the points on all of the claims for
refunding of county money made by
Mr.. Kiel in his demand filed with
the county board in November, 1914
for the refunding of monev illegally
paid to board members from the county
treasury.
Mr.. Prescott, finds, as the result of
his decision on the above points, that
over-payments were made TO each of the
defendants in the cases before him as
follows:
Joseph Willot, Jr., S5S0.71; Fred
Wilsman S439 81; John Hynek S4l2.S0;
Olaf Lundberg, S394.32; Albert Petzka,
S3S9.52; George Pfetfer S3SS.20; August
Last $2SS.06; w. Il. Spencer, S240 90
Christ Rheln Sl76 "a; T. II. Meany
SS2.03
The case against Christ Muth which
was set for trial with the ten above
QdUDtu WAS uOb bfl6u LtCduSt vi ULi6
death OF Mr.. Muth before the taking
of testimony was begun in these actions
but it is reported that this action may
be revived and decision procured in
it later. The total sum found by the
referee to be due and owing to the
county from the defendants named
n 4Q9OD TX Tn addition Z n
this there are about 20 other members
and ex-members of the board against
whom claims are pending for sums
ranging up to about $4,000 and it is
probable that actions will ba brought
on these claims unless they are adjust
ed by the members in accordance with
the above decision.
The report OF the referee must now
60 to the circuit court for con6rma-
tion and upon being confirmed becomes
the judgment of the court in each of
the cases reported upon. If the deci-
sion is confirmed by the court the to-
tai amount of the judgment in favor
of the county against The defendants
named above and oGher members and
ex-membe bers of the board against whom
claims are pending, will total nearly
100000
The case is likely to be appealed to
the supreme court.
Hougen e. Brady represented the
plaintiffs in the above entitled action
and the defendants were represented
by Nash & Nash, Kelly & Ledvina
and Isaac Cratic.