17 Wis. 327 | Wis. | 1863
By the Court,
Tbe objection that there was an illegal and corrupt agreement to appoint tbe appellant deputy sheriff, is founded upon the following portion of tbe complaint; “ Tbe said plaintiff further shows that on the 13th day of April, 1861, Horatio T. Taylor was sheriff of the county of Racine in said state, duly elected, qualified and acting as such, and was and continued to be and act as sucb sheriff until tbe 4th day of January, 1863, and during all that time this plaintiff was deputy sheriff of and for said county, duly appointed qualified and acting as such by and under said sheriff, and residing at Burlington in said county; that by an agreement entered into by and between said sheriff and this plaintiff for and upon a valuable consideration, this plaintiff, as such deputy sheriff^ was to do all the business arising at Burlington aforesaid, and to have and receive as his own all fees and emoluments arising from such business; and that this plaintiff is the. full owner of and the only party interested in the claims hereinafter set up against the defendants.” It is contended that this shows that the sheriff was paid a reward or valuable consideration for appointing the appellant deputy sheriff, and that therefore such appointment was null and void. But according to our understanding of the complaint, it does not disclose an agreement within the statute against buying and selling offices. It is not alleged that the sheriff appointed the appellant depu
The obvious intent of tbe statute is, to prevent corruption in office; and it refers to corrupt bargains and sales of offices, and not to an arrangement like the one set up in tbe complaint, which is evidently a mere method of settling tbe compensation of tbe deputy for services rendered. 3 Kent, 455. Our statute requires tbe sheriff to appoint one or more deputies. Chap. 13, secs. 98 and 100. There is no law regulating tbe compensation of tbe deputy, and this circumstance distinguishes tbe case from that of Tappan vs. Brown, 9 Wend., 175. In Lewis vs. Knox, 2 Bibb, 453; Love vs. Buckner, 4 id., 506; Outon vs. Rodes, 3 A. K. Marshall, 433; and Davis vs. Hull, 1 Litt., 9, a gross sum of money was agreed to be given as a consideration for tbe sale or deputation of an office, and on this ground tbe contract was held to be void.