The copper era and Morenci leader., 1918-08-30
NEW RECORDER
 NAMED BY BOARD

WhmLUD1 DUhnu BOARD OF SUPERVISORS DE.
 CLARE RECORDERS OFFICE VA. cANv AND APPOINT L. N. cALLi
 coTTE.
 At special meeting of the Board of Supervisors last Tuesday the fol- Towing orders were entered: l, Upon motion by W T. Witt and seconded by w. H. Moon, and carried unanimously, the office of County Recorder is hereby declared vacant, for the reason that Rodney Ellis has ceased to discharge the duties of the office for the period of three success i've months, he not being prevented by sickness, nor being absent from the state by permission of the legisla- ture."
 Upon motion by w. H. Moon, sec onded by W. w. Dutton and carried unanlm ousty. l.. N. Callicotte is here Dy appointed County Recorder in and for Greenlee county, for the unexpired term"
 Rumors have been afloat that MT. Rodney Ellis, who was elected Coun- III, two years ending January 1. 1919. but who was drafted into the army on June 1, last, had made out demands for his salary up to the expiration of lhis term st the stipulated salary of $2OO. % per month. Inquiry develop led the information that these de- mands had been made, but only those up to September 1 had been, present. ed to the Poard of Supervisors for it's approval and allowance Those pre- sented were allowed, the Board talk ing the position that an office can net be declared vacant until its in- cumbent is absent for ninety days, and that MT. Ellis was entitled to draw his salary, under the circum- stances, for the duration of that per iod
 2 A Copper Era representative called uron County Attorney Ling and re- quested statement from him con- cerning the advice be rave the Board in the premises. MT. Ling stated that he advised the Board against the action taken; that it was contrary to law" tt
 Mr A R Lynch was also seen. who stated he was "acting in the capacity for MT. Ellis. and that
 
 the rremises until the September sal ary became due. then. as MT. Ellis attornev. he would make demand for the salary, and if not allowed would file mandamus proceedings against the Roard. seeking to compel them to allow his claims. The matter would then be taken into court, and if the court sustained the contention of MT. Ellis, the cation of the Board in va eating the office of County Recorder, and appointing MT. Callicotte to fill the unexpired term, would he nulity. But if the court sustained the Board NIT. Ellis would take nothing for his damages in this cause"
 So there you are. The Board of Supervisors has declared the office of County Recorder vacant and appoint ed another to fill out the unexpired term, and now law suit is imminent to see where the parties stand.
 It is understood that MT. Ellis takes the position that he is prevent ed from performing the duties of his office Dv no falt of his own: that he has been drafted into the army and is thereby involuntarily taken out of the state. and is entitled to the emoulments thereof. even if he is not doing the work. for the time for which he was elected
 The Board of Supervisors take the position that he waived any and all exemption which he might have and for that reason cannot claim that he was involutarilv prevented from dis. charging the duties encumbent upon him as Recorder. The further con tention is made by the Board that he is only entitled to the salary of the office for three months, as no office can be declared vacant until it's incumbent is absent for ninety days. This three months salary has been allowed. and the Board believes the court will sustain their action.
 In the meantime the public will watch the result of this litigation with interest Upon the decision of the court a question of vital impor tance to the taxpayers depends. If j an officer can vacate his office and still draw his salary, while serving in the army, it is reasonable to take the position that an employe who has a contract to perform certain duties for an individual or a corporation for a given length of time. and is draft ed into the army. he could. with equal Justification, set up his claim for his salary for the unexpired term of his contract. Whatever the court may decide in this issue, the public will take the position that no man is entitlel to his salary unless he performs the duties of his position, whether elected bv the people or em- n'oyed by an individual or corpora tion.