The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1923-11-29
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for extra services, services, which
were in fact, within the line of his
official duty. This claim was allowed
blythe county board, and the money
withdrawn by him from county funds,
! A taxpayer objected to the appro-
priation, and after a demand of and
refusal by the county board to COM
pei the return of the money, the ac-
tion was brought by the plaintiff in
his own behalf and that of other tax
payers. The suit asked that the
treasurer be charged as trustee of
the money and compelled to account
for it and pay it back into the treasury.
On a demurrer it was held by the
supreme court that salaried county
officer, for the performance of the
duties of his office, and services
which he performed voluntarily as
such an officer by the request of the
governing body of the corporation, is
entitled to his salary only.
can officer who obtains public money
from the treasury by no right in fact,
does not thereby obtain title to such
money, and on failure of the proper
officers to respond favorably to a de-
mand by taxpayer to compel re-
turn of such money, such taxpayer
may, acting in his own behalf and
in the behalf of other taxpayers, main
tain an action to charge such officer
as a trustee of such money and to
compel him to account for the same
and pay it to the rightful owner"
the court found.
Not Interested In Others.
Mr.. Symmonds stated that he has
no personal interest in the return of
other appropriations made by the
county board to some of its members
and others, for extra work. He stated
that he simply spoke for himself, and
did what he thought was right un-
der the circumstances.
His statement to the board follows:
To the County Board,
Kenosha County, Wis.
Gentlemen:
I desire to call to your attention
a matter which it has been upon my
mind to do for several months, but by
reason of other duties pressing me
very hard, the opportune time has not
come until now.
1t seems in this November session
of the county board, it should be fit
ting and proper for me to bring this
matter to your attention, especially
when you are considering the salaries
of county officers for the next term.
The matter that 1 desire to bring be-
fore you is one in which the district
attorney and this board acted with the
best of motives, and with no thought
or intention of doing otherwise than
that which was proper and right
under the law.
I refer to the action of this board
End, 1922, where they appropriated
three hundred fifty dollars ($350.O0)
to the district attorney for extra
services rendered in connection with
the tremendous amount of work
brought about by reason of the grand
jury Investigations. That the board
appreciated the services of the dis
trict attorney to the xtent of appro-
priating this additional amount to him
was very gratifying to us, and there
is no doubt that the district attorney
was really entitled to this money, con-
sidering the services rendered. How
ever, / find upon diligent search that
this board has no legal authority to
appropriate in any way, either directly
>or indirectly, any additional salary
for any county officers, nor for any
additional remuneration to any mem
beers of this board, except that speci-
fically provided for by statute.
m.
be misunderstood, and that all may
come within the provision of the law,
have this day rendered to Thomas
Scott, treasurer of Kenosha county,
my check for three hundred fifty
(S35000) to pay back to Kenosha
county, the sum so appropriated by
this board at said time.
The tremendous amount of work
that we have had to perform during
our incumbency in the Office has been
such that necessarily some of it did
not get that close application, which
under normal and proper conditions
should be given to it. l am extremely
thankful to this board for its &C
acknowledgement of its appreciation of
my services at said time, and trust
LHdL Inc DOdIu VIII view LIG IldLISI
in the proper light; and that hence
forth, there will be no occasion for
such error, either on the part of the
district attorney, or any other county
officer, or any member of the county
board.
Permit me to state that the salaries
of county officers, namely: county
clerk, treasurer, sheriff, coroner, clerk
of the circuit court, district attorney,
register of deeds, and surveyor, can
not in any way be modified or changed
from that which you now make it
after this board adiourns sine die
This cannot be done, either directly
or indirectly; and the board has no
legal authority to appropriate to any
of its members, any additional fees,
compensation, or expenses, except that
specifically permitted by statute. Out
side Of these county officers, judicial
officers and county superintendent of
schools, the county board shall at
their annual meeting, fix the salary
or compensation for any other Office
or position created by any special or
general provision of the statute, and