Martinsburg journal. [volume] (Martinsburg, W. Va.) 1920-1977, 1922-09-27
COUNTY COURT MUST
HELP COUNTY AGENT
Supreme Court Holds Salary
Statute Mandatory.

A decision which is OF consider
able importance to county courts of
the state and also of considerable
interest to many citizens was re
Gently rendered by the Supreme
Court OF Appeals in the matter o.
the Richie County Farm Bureau VS..
County Court Of Richie, in a man
damus proceeding TO compel the
County Court TO make an allowance
Of one-half of the salary of the
county agricultural agent for Richie
county.
Attorney Robert S. Blair, of Har-
risville, was employed by the farm
bureau to take proper steps to re
quire, if possible, the County Court
to comply with the provisions OF
Section % OF chapter 120 of the
Acts of 1921, amending and re-en-
acting section % Of chapter 80 OF
the Code. AS attorney for the Farm
Bureau he had construed the act to
make it mandatory on the County
Court to pay one-half Of the salary
of the county agent when the CON
ditions named in the act had been
complied with by as many as $50
OF the farmers OF county, basinG
its opinion and course OF action on
the adoption by the legislature Of
this state OF the provisions of the
Smith Lever Act as found in Barnes
Federal Code for 1919, sections
S413 to S420.
Statute Mandatory.
The Supreme Court has held iH
substance that the statute is man
datory ard takes away from a coun-
ty court Of this state any discretion
in the matter Of the appropriation
! Of fifty percent Of the county agent
salary, and the payment thereof IT,
him through the proper legal chan
nels both on account of the fact
that the provisions f The So'th
Lever Act had been asseeteG to sY
the state legislature by joint rlso.u
ton NO-4 adopted February fst.
1915, which viii be found in Hoggs
sCode Supplement for 1878, section
s2247-A; end the additional fact tba.
section % Of chapter 100 Of tie Acts
OF 1921 substitutes for the words II
may levy and appropriate" found in
the old law, the words 1T shall levy
and appropriate" thus manifesting
"a clear intention to leave no discre-
.tion in the county court as TO the
propriety OF making such levy or ap-
preparation, limiting the authority Of
the county court, however. to the
maximum amount it can devote 10
his purpose within l IL cents on
the $4,000 valuation OF all proper
~ in the county.
The Supreme Court further holds
that the person so employed and
the amount OF his salary is to- be
determined by agreement br.. en-
such body Of farmers and the agrj-
cultural extension division of the
College of Agriculture of the West
Virginia University.
Tribute To Farmers.
The Court, in its opinion written
by Judge Meredith, forestalls the
possibility Of objection TO this hold
ing Of the court on the grounds
that such salary could result in eX-
travaganCe and waste in the follow
tng deseryedly high tribute 70 the
farmers Of the state:
They are directly interested in
securing the best qualified person as
county treasury than any one hug-
sjele cost. Before a contract is
made. they and the extension diyi-
sion must agree both upon the per
son to be employed as county
gent and the amount Of his salary
We know of no body Of men and
women better fitted 70 guard the
c5anty treasury than acw one hun.
.tred and fifty farmers who are in.