The Lynden tribune. [volume] (Lynden, Wash.) 1908-current, 1921-01-13
COUNTY OFFICERS TO
PAY BACK SALARIES?
Supreme Court Orders County Put
Back to Second Glass, With Re-
ductiOns i'm Pay

Four county officers must return
to the county S4 400 drawn as salary
under the first class county classif-
cation, according to decision o. the
supreme court last wrei. in which Is
reversed the decisiCr of Snperio;
Court Judge Clay Alien, OF King
county. in the Whatcop county sal
ary case. officers ffec.ed are Prose
cutting ATTORNEY i.oomis Baldrey,
County Commiss. .oners e. c. Baxter,
ard Henry Slater. and Assessor Alex
Van Wyck.
The higher salaries resulted when
the county commissioners. on petit
ton nd on an estimated population.
changed Whatcom county froU the
fifth to county OF tie first class.
j. Is. Mcmillan, chairman Of the
board of county commissioners. is not
affected by the decision. He was a
dold. over member of the board, draw
ing q salary at the rate of 81 500 a
year and his salarY was not increased
v hen the reclassitica ,ioE OF the couu-
g was made. The ether two commits
sioners were raisel from $1,SCD t,
900 a year, an increase OF $500 a
year for each. The irony of the stu
alton is found that in counties of the
fifth class, which was this county's
rating when the two commissioners
were elected, paid that office 81 1900 a
year. freak" law sets the salaries
of commissioners at 81, 500 for sec
ond class counties. or $500 less than
fifth class. So instead of gaining $500
IA year the two commissioners lose,
under the decision, $500 year. Thus
each must pay back at the rate of
$500 year for the two years, or
900 each.
Prosecuting Attorney Loomis Bal
drey is the heaviest individual loser.
He must "blow back" with $500, or
$500 for each of the two years. The
prosecuting attorney has been draw
ing $4,000 a year under first class
rating. The salary under second class
for his office is $4,000. Under fifth
class rating Baldrey was receiving
$1,000 a year, so, although he must
return $500, his salary now is $500
a year more than under the fifth class
rating.
The county assessor was receiving
$1,000 under first class rating while
the salary under second class is
$500. He must return $500 for the
two years. This brings the total
"blow back" to $4,000, all to be paid
by four county officials.
Salaries of all county officials have
been held back for the last two
months pending the decision OF the
supreme court.
The salary suit was filed by a group
of taxpayers, thru the law firm OF
Bixby & Nightingale on October 20,
1920. On October 25 Judge Pember-
ton issued temporary injunction
restraining county officials from
drawing salaries in excess of those
allowed under fifth class rating un-
til an outside judge could be called TO
hear the case on its merits. Judge
Clay Allen, of King county, heard
the case here on November IL and
decided that the county commissions
ers did have jurisdiction in advanc-
ing the classification of the county.
He also dissolved the salary restrain
ing order. The case was appealed
Immediately and bonds were posted.
The action taken prevented the pay
iment of salaries until the supreme
court had ruled.
The appeal case was made an emer-
gency case and the hearing before
the state supreme court was set Tor
December 16. Attorney Frank BiXby
argued for a reversal of Judge AL
lens decision. The county officials
were represented by Attorney Harry
Abbott and Prosecuting Attorney
Loomis Baldrey. Bixby argued the
case on two points. He contended
that the county commissioners did
not have jurisdiction in relation to
counties of the first class which were
made definitely dependent by the
amendment to the statute passed in
1905 upon the figures of the last fed
eral census and that the board impro
perly included the population OF the
Lummi Indian reservation in making
its findings.
Had the supreme court returned
this county to fifth class rating in
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