Bartlett v. Eau Claire County

88 N.W. 61, 112 Wis. 237, 1901 Wisc. LEXIS 120
CourtWisconsin Supreme Court
DecidedNovember 29, 1901
StatusPublished
Cited by17 cases

This text of 88 N.W. 61 (Bartlett v. Eau Claire County) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bartlett v. Eau Claire County, 88 N.W. 61, 112 Wis. 237, 1901 Wisc. LEXIS 120 (Wis. 1901).

Opinion

Dodge, J.

1. The first question presented by several assignments of error is as to the efficacy of the resolution adopted by the county board at its regular meeting in November, 1895, under authority of subd. 6a, sec. 1547d, ch. 65a, S. & B. Ann. Stats., prescribing fees in tramp cases: “ To the constable or sheriff for each arrest, $.50; to police conviction, $1.00.” That such was the verbiage of the resolution adopted appears by the record of the proceedings of the [242]*242supervisors of the county, preserved by the clerk in a book. The court permitted this record to be assailed by the testimony of one of the supervisors to the effect that a different resolution was offered and was adopted, and based a finding thereon. In that respect he was in error. The records of such bodies as county boards, required to be kept by law, cannot be contradicted or assailed collaterally by parol testimony. ' To permit that would subvert the entire purpose of the statute in requiring the making of the record. The legislature has deemed that the welfare of the community at large will be promoted by reliance upon a record which shall be made by a public officer under the sanction of his oath of office and under the penalties for breach thereof, rather than upon proof of what transpires at county board meetings from the memory of those who were present and had knowledge thereof. Stats. 1898, sec. 709, subd. 1, 2; Third School Dist. v. Atherton, 12 Met. 105; Mayhew v. Gay Head Dist. 13 Allen, 129, 134; Halleck v. Boylston, 117 Mass. 469; Eastland v. Fogo, 58 Wis. 274.

This resolution doubtless should be given effect so far as the intention of the county board can be ascertained from its words, in the light of any known surrounding circumstances. On the other hand, a purpose to change the compensation of a particular officer prescribed by general statutes must be reasonably clear to warrant adoption of such construction. The meaning contended for by respondent and adopted by the trial court, namely, to limit compensation of municipal judge in all tramp cases to $1, certainly requires an extraordinary stretch of the words used. Neither is the municipal judge named, nor the justice of the peace, by whose fees the plaintiff’s are measured in the statute. The words do not suggest any judicial officer or function. They are certainly as well adapted to suggest compensation to police or other executive officers for services on conviction subsequent to arrest. They provide only for cases of [243]*243conviction, and the making of compensation to judicial officers dependent on whether they convict or acquit would be so highly improper as to exclude that construction unless unavoidable. Southworth v. U. S. 151 U. S. 179, 185. In short, we are unable to subscribe to the view that the county board did by this resolution regulate the compensation of the municipal judge, or in any way limit or change that prescribed by general laws. ¥e must therefore hold that for the 495 cases heard and disposed of between November 30, 1895, and January 23,1896, plaintiff should have recovered, as for the preceding period, $1.90 in each of 330 cases where commitments were issued and $1.86 in each of the 165 cases .of •discharge, viz. $912.90, instead of the $495'allowed by the county board and by the circuit court; an additional recovery of $411.90, plus interest from March 14, 1896, viz. $108.05 — total, $525.95.

2. The existence of any valid resolution as of a special meeting on January 23, 1896, is denied on two grounds: first, that no .legal meeting was held, because of defects in the request to call it; and, secondly, because the proceedings appearing of record do not constitute adoption of the resolution fixing compensation. Of these in their order.

That a meeting assumed to be legal was in fact held is not questioned. Nor is there doubt that the notices therefor were based upon a paper writing, which, when finally delivered to the county clerk, bore the signatures of four more than the required majority of the supervisors, and in terms requested a special meeting to be called on January 23d at 11 o’clock. We deem unimportant the asserted confusion as to where the interlined date of meeting should be inserted. The evidence in the bill of exceptions quite clearly supports the finding that such request read as set forth in the statement of facts herewith, but the insertion of such date and hour elsewhere after the word “ report,” as contended for by appellant, could not change the meaning. [244]*244The words “January 23d, at 11 a. m.,” in such paper dated January 10, 1896, could indicate nothing but the date of the' proposed meeting to any ordinary mind.

The request thus presented on its face satisfied the calls-of sec. 664, Stats. 1898, for the calling of a special meeting of the board, and a meeting held in pursuance thereof is presumptively legal and valid. Wayne Co. Sup'rs v. Wayne Circuit Judges, 106 Mich. 166; Prezinger v. Harness, 114 Ind. 491; State ex rel. Sup’rs of Iola v. Nelson, 57 Wis. 147, 153; Jackson v. Rankin, 67 Wis. 285, 290. The burden of proof, therefore, was upon the appellant, who would overcome this presumption. The only attempt to lift that burden was to show that at some time prior to the completed signature of the call or request for the special meeting, the date thereof was not included, and at that time was written in by tho supervisor circulating it. This proof does not exclude possibility that such supervisor was expressly authorized so to do by those who had theretofore signed, nor that he afterward and before final presentation obtained their approval and reaffirmance of their signatures. We need not, however, decide whether a presumption may be indulged in favor of either of these validating circumstances, for there is no proof that a majority — fourteen — of the supervisors did not sign thereafter. The presence of the paper with signatures raises presumption of due signing by all. The proof overcomes it, if at all, only to the extent of a “ few signatures ; I don’t know how many.” This does not establish that more than four signatures preceded the insertion of the-date of meeting. The circuit court was right in holding the-meeting of January 23, 1896, valid.

The next question is whether the record of the meeting of January 23, 1896, discloses that the county board exercised its power under the statute above cited to fix and regulate the fees of certain officers, including the appellant, in tramp cases. It was entirely within the power and compe[245]*245tency of that board so to do, and the statute imposes no form or method of procedure to accomplish the result. If it can reasonably be deduced from the record that the members of the county board by vote declared themselves in favor of specific fixing and regulation of those fees, it is the duty of the courts to give effect to such decision, for therein spoke the legislative power of the state. All reasonable liberality must be accorded the minor deliberative bodies of the state; notably county boards, town meetings, school-district meetings, and the like, where, by reason of the character and vocation of the men comprising such bodies, the technicalities of procedure are not strictly enforced, nor perhaps fully understood.

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Bluebook (online)
88 N.W. 61, 112 Wis. 237, 1901 Wisc. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartlett-v-eau-claire-county-wis-1901.