The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1925-09-24
Board May Not Control
Jail Kitchen, Says At
tOrney General.
POWELL GETS OPINION
Attorney Generals Office Gives
Interpretation of Law
for County Board

Sheriff Frank Willems must take
full charge of the feeding of prisoners
in the Kenosha county jail, and the
county board can not take over the
supervision Of these details through
its county. agent, according to an in
depreciation received by District At
torney Lewis Powell from Assistant
Attorney General 7. L. Mcintosh at
Madison. The opinion was sought by
the district attorney for the county
board of supervisors.
The decision makes it obligatory for
the sheriff to provide the food for
the prisoners and makes him complete
overseer for the Jail kitchens.
The county board recently hired a
matron to cook for and feed prisoners
in the county Jail and provided
further that all food for the prisoners
should be purchased by the county
agent.
Questioned Authority.
The district attorney questioned
the authority of the county to do this
and asked the attorney generals Office
for an opinion.
"Must the feeding and preparing of
the food be left to the sheriff or can
the county board take charge of this
matter" Powell asked.
The opinion which came on Monday
declared that Counties are mere
auxiliaries of the state and the
statutes confer upon them all the
powers they possess, prescribe all the
duties they owe and impose all the
1tahi1i+s1z - 1.yLi c,IhSoo%
Such powers are to be exercised by
it's officers in the manner prescribed
by law for the compensation fixed,
and if any duty is imposed upon any
officer where no compensation or fees
are prescribed or fixed it is presumed
to be compensated for by the other
fees or salary fixed or prescribed"
County's Power Limited.
at seems to me-" Asst Atty. Gen.
Mcintosh continued, "that from these
provisions of the statutes the only
power that the county board would
have with reference to the mainte-
nance or keep of the prisoners would
be the power to prescribe the diet of
the inmates and fix the maximum
compensation under the provisions of
the law, because the power of the
county board to manage the affairs
of the county under the provisions is
limited to the cases where no other
provision is made for the jailor or
sheriff to keep the prisoners, which
would include the right to collect the
actual costs of such keep within the
limits prescribed by the county board,
if the board prescribed the limits I'M
der the provisions quoted.
~ do not think the county board
could interfere with the sheriff's per-
Torrance of his duties by hiring a
cook or buying the materials neces-
sary for the keep of the prisoners, for
that duty is clearly imposed upon the
sheriff"
With this Interpretation as guide
the district attorney will notify the
county board at it's next meeting that
the duty to keep prisoners confined
in the county Jail is imposed upon the
sheriff and the county would be liable
to the latter for the actual disburse-
ments made for such purposes, except
that the county board could prescribe
the diet and fix the maximum COM
pensation for such purpose, but could
not hire cook or purchase the sup
plies necessary for such maintenance.