120 Wis. 435 | Wis. | 1904
Counsel for the relator is undoubtedly right in claiming that unless tbe relator’s compensation as sheriff was changed, pursuant to ch. 217, Laws of 1901, by the action of the county board August 27, 1902, then it remained to the end of his term at $1,500 per annum for all services to be performed within the county for which the county was liable, as fixed March 16, 1896. There was certainly an attempt on August 27, 1902, to make such change,, pursuant to ch. 217, Laws of 1901. Counsel contends that it was ineffectual, for several reasons:
“Under tbe system of compensation by specific fees, for which the salary is merely a substitute, tbe county would not be liable for livery hire in subpoenaing witnesses, or for car fare and livery hire in summoning the jury for tbe regular terms of tbe circuit court; and, as to assistance and conveyance in making arrests in criminal cases, tbe sheriff, under tbe fee system, could claim nothing beyond tbe prescribed fee for tbe arrest and conveyance of prisoners. . . . Tbe object of tbe statute, and of tbe action of tbe county board under it, was to give a gross sum in lieu of specific fees, but not to open tbe door for tbe sheriff to make charges against tbe county not theretofore authomzed or allowed by law.”
That act made tbe salary cover all fees and compensation for tbe sheriff, undersheriff, and deputy for all services within tbe county, except tbe fees of sheriffs in civil cases. Tbe resolutions in question made tbe salaries of tbe sheriff, under-sheriff, and deputy therein fixed to cover “all work of every kind, civil and criminal, inside and outside of Douglas county, and outside tbe state of Wisconsin,” and also required tbe sheriff to “keep a true account of all tbe receipts of bis office in civil and criminal cases, and on tbe first day of each and every month turn all moneys into tbe county treasury with a verified statement of sucb receipts, and that tbe sheriff also keep a true account of all tbe disbursements
By the Court. — The judgment of the superior court of Douglas county is affirmed.