The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-11-19
COUNTY CANNOT
MAKE UP FUND
Dist. Atty.'s Emergency
Fund" Under Fire In
New Ruling.
WANT ANOTHER NAME
Powell Ready to Go Before
the County Board for an
Appropriation.

Kenosha county emergency fund
provided for the district attorney in
the work connected with criminal
prosecutions coming from his office is
under fire. An opinion announced to-
day by j. E. Messerschmidt, assistant
attorney general, declared that funds
established by certain counties for
special Investigations and for expen-
siv, prosecutions were not within the
proper Interpretation of the law.
The opinion was given in response
to request from L, d. Potter, dis
trict attorney of Racine county Pot
ter had asked the attorney general
about the validity of fund of $4,000
created by the county board of Racine
county. A similar fund of $1,000 has
been established in Dane county and
an unsuccessful effort was made by
District Attorney Philip LaFollette to
obtain. an increase at the annual meet
ing Of the county board there.
For Grand Jury Only.
The law provides for funds for
grand jury Investigation only and
limits the amount to $1,000. It was
cited in the opinion and reads 'as
follows:
1.-THE county board of each county
having less than two hundred and fifty
thousand inhabitants shall include in.
it's annual tax levy not less than two
thousand dollars to create fund to
be used by the district attorney to
defray such expenses in conducting
Investigations by the grand jury and
in the preparation for and in the
trial Of criminal cases az are neces-
sary and for which nc other provi-.
sion has been made"
The attorney generals ruling brings
up a new question here. During the
year 1925 the Kenosha county board
appropriated Thousand dollars for
the use of the district attorney in
carrying on the emergency duties of
his Office. This sum is specified by
law as being due to the Office. The
tional $4,000 as the district attorneys
emergency fund.- Some of this money
was used in the county's presentation
before the supreme court of the
Terhorst-McCoy case in which the
county was named as defendant.
Other sums were drawn from the fund
when the county went to the expense
of appearing at Lansing, Mich, in the
Bailie extradition case. From this
fund also come expenses for the
sheriff, the police, and the district at
torney in going to other cities
for prisoners to be brought back
to Kenosha for trial.
The emergency fund for the use of
the district attorney was inaugurated
under the administration of Frank
Symmonds as district attorney, and
has been, continued. The appropria-
ton for the year 1926 has not yet
been made and this matter is to come
up before the county board at the
present session.
*Of course the opinion which the
attorney general advances as to the
legality of appropriations in excess of
the thousand dollars provided by law
is obvious. We have been calling this
fund the district attorneys emerg-
ency fund but from it have been paid
many other expense bills which are
not directly related to the district
attorneys Office. 1 shall ask the county
board to renew the appropriation which
is required by law, and to place any
additional funds which it sees fit in
another fund under another name.
The county board is empowered to
furnish the office of the district at
torney with $1,000, but it must first
consult with the circuit judge. If
he approves of it., it is granted"
Powell declared.
II think that the proper way to
handle such expenses as have hitherto
been paid out of the emergency fund
is to put them in. the hands of the
county boards finance committee, or
the county clerk or county treasurer,
so that there need be no delay in Sc
curing the funds when they are abso-
lutely necessary within an emergency"