Alfred Wallin

“ The claim for the use of a team is based on valuable services, which services are separate in kind, and private in nature, and hence the claim is not a demand for an excess of fees. Neither is it a demand for “doing an official act.” Much less is it a demand of a gratuity or reward for doing an official act for which the law allows a fee or compensation, which element would be necessary to constitute an offence under the statute. ”

“ Now, gentleman, if you find under the evidence in this case, beyond a reasonable doubt, that this defendant made a charge and received compensation accordingly from the county, for the use of his team while he was engaged in the performance of his official duty, it is your duty to return a verdict of guilty. The statutes with regard to the fees of county commissioners is plain, and not ambiguous. There is no chance for different persons to place different constructions upon the statute. ”

“ But the facts surrounding this case seem to warrant us in saying that "it is a well-established and salutary doctrine that he who is intrusted with the business of others cannot be allowed to make such business an object of pecuniary profit to himself." ”