43 Kan. 330 | Kan. | 1890
Lead Opinion
The opinion of the court was delivered by
Seward county was organized in 1886. In the fall of 1886 T. A. Scates, W. W. Kimball and E. A. Watson were elected county commissioners, and Oliver Leisure county clerk. The term of each began in January, 1887, and it was during the spring and summer of 1887 that the matters complained of in these proceedings occurred. The object of the action is to remove Scates from office, for alleged misconduct under § 180 of chapter 25, Comp. Laws of 1885, p. 300, which reads:
“If any board of county commissioners, or any commissioner, or any other county officer, shall neglect or refuse to perform any act which it is his duty to perform, or shall corruptly or oppressively perform any such duty, he shall forfeit his office, and shall be removed therefrom by civil action in the manner provided in the code of civil procedure.”
In regard to the claim presented against Seward county in the name of T. N. Sedgwick, for $1,500 as attorney-fees and $488 for traveling expenses, the majority of the court think that the testimony does not show that the charge is illegal.
The alleged retention or conversion of $1,513 of the claim or county warrants issued to pay the’ same by Scates, rests almost wholly upon the testimony of A. B. Carr. The majority of the court do not believe him worthy of credit, and therefore are unwilling to accept his testimony as truthful. If his evidence is rejected, or if it is held that it is sufficiently denied by the evidence of the other witnesses, there is not any testimony showing or tending to show that Scates acted dishonestly or corruptly in allowing the Sedgwick claim, or that he in any way realized any personal benefit or advantage therefrom. The writer of this thinks from the testimony that there was a corrupt agreement between Carr, Scates and G. S. Stein which resulted in the presentation of the Sedgwick claim for $1,988, and that only $475 of this went to Sedgwick, the balance being for the benefit of Scates, Carr, and Stein.
It seems unnecessary to recite or comment upon the testimony presented upon the hearing. It is very voluminous and contradictory. If the important parts were incorporated in the opinion it would cover many pages.
The defendant will recover his costs.
Concurrence Opinion
I do not concur in the foregoing opinion of the Chief Justice, although I think I can say I concur in the judgment recommended. During the year 1887, T. A. Scates, W. W. Kimball and Edwin A. Watson constituted the board of county commissioners of Seward county, and during that time, and principally in April, 1887, they allowed a number of claims against the county of Seward, for which the defendant, Scates, is now prosecuted in this action. Some of such claims, as I think, were unreasonable, indeed unconscionable; and some of them, or at least portions of the amounts allowed, were illegal. In my opinion the Sedgwick claim spoken of was unreasonable, both in the amount claimed and in the amount allowed. Seward-county warrants, or in other words, Seward-county scrip, was at that time worth only about seventy cents on the dollar, and the county board generally allowed an amount on each claim, and issued scrip therefor, which if sold at its market value would bring the amount in cash of the original claim. In one instance, and one of the earliest, if not the earliest, where the claim was about $2,877, the board allowed the sum of $4,106.09, and issued scrip for the last-named amount, the difference between the two amounts being over one thousand dollars; and if the
For the reasons above stated, I concur in the judgment.
Concurrence Opinion
While I cannot assent to all that is said in the foregoing opinions, I concur in the judgment.
Upon the authority of The State, ex rel., v. Scates, just decided, judgment in The State, ex rel., v. W.