The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1931-04-03

THE HggALp,s "ExcEsslvE" AND ILLEGAL" CLAIMS

We have not a sufficiently intimate and accurate knowledge OF
the multitude of matters dealt with in the report OF the grand jury
to allow discussion of the report as a whole or in general we 40
not consider the report as a whole a suitable subject It eur go ~
cusson at this time. But there ar We Sec"0nS 3" inc ip"' -
The placing of The Herald in the position OF having hea n
collected illegal and excessive claims against the county lorceS ia
to tell the rest and the other side of the story IN oelense oi oI
honor and integrity. The grand jury report says The Herald claimed
and collected $5S for publishing the minutes o me I0uT ~ - -
more than 81 days from the adjournment IL Inc ooau Il - to
custom of the officials of this county, and always mas Oee9' un aas.t to
beginning of the present year, to hold the proceedings o. a session
until the next regular session of the board, when they yer corrected
and annroved before being given to the official paper for puDhcauon
The minutes could not be published until the copy a received
County Attorney Rose himself says it as a matter Oh merp
tation of the law. The board had in good faith understood the law
to mean 81 days after the adjournment OF the session at wnon 'e
minutes we're approved. The official paper is not under contract 10
ct IS legal advisor tot the county officials, and has n o authority over
them. It made no difference to The Herald when the minutes were
published. The expense was the same one month or NE nea' rbo
two years The Herald published the proceedings without charge, men
for two years ur contract was for As cents per folio tine legal Ia
imum being $3.50 and the minutes ere puDhsneu "on ' ad U ran
gave the copy into our hands The service was rendered au rel
dered in good faith, 1t was charged in our claim according 10 0r
contract.
When we receive a piece of legal copy from a county official or an
attorney it is accompanied by marks n instructions $ TO the number
of insertions IF times it is to be published. These times Vary ron
one to six. The Herald or any other official paper accepts those m
structions as final and full authority. 1t is not required OF US that
we search the statutes to verify the legality of the orders given US.
Therefore, when notices of application for tax deeds were given
nc With instructions to publish five times, W e published them five
times and charged for them according to our contract which as 6o
cents per folio for the first insertion and 40 cents for subsequent in,
sertions the legal maximum being $3.50 for the first insertion and
so cents for subsequent insertiOns).
1t is our contention that s. ia a we' or of conF" ma VIII n4ut +m
county is concerned the claims for the publication of the minutes
of the county board and the tax deed notices were neither Illegal nor
excessive. Perhaps the jury was not in possession of all these facts.
We are positive W. J. Hardie, former clerk and recorder A >
Hier, former clerk and recorder, Jacob SeeL deputy cierA au i
corder, and the county commissioners then in office viii verify our
concerning the publication Of the proceedings N Ia
deed notices.
The other matter taken up in the report OF which W e ave some
knowledge is the payments made for outside legal services IN TN
vears 1924. %. 26, q and 28. In 1924 L. A Brown OF Frold, ne county
attorney was stricken by serious illness. An illness from whhcn Mt
never recovered. Several banks in the county had closed. IN
county had a vast total sum of money tied up in those banks. In
some cases the bonds protecting the county were CONSIDERED htual
worthless. Action had to be taken, promptly. Inc commissioners
retained Hurry and Kline of Glasgow to bring actions to recover the
county funds. 1t was a intricate, difficult and long drawn out It'll
cation. Hurry and Kline recovered carry al IN eo a 49, inraad
They charged fees for their valuable services These fees we're spread
along over the years IS they rendered the service. Having taken
the case they saw it through.
Although it appears so from a casual reading OF the grand jury
report. no outside legal counsel was employed during the terms or
Hugh N. Marion as county attorney nor was any used for legal bust
ness that originated during his terms.