#### State ex rel. McClure, Respondent, vs. Wallschlaeger, Village Clerk, Appellant.

*'November 12*—

November *27, 1908.*

*Municipal corporations: Public improvements: Worh on streets: Manner of payment: Contracts: Bids.*

1. A village board appointed a street commissioner and authorized him to hire men and teams and do general highway work under the orders of the board, and the commissioner employed men and teams by the day, and proceeded to fill up holes and turnpike the main village street for a distance of seventy rods with gravel hauled from a pit owned by the village. *Held,*that the board had authority to do.this and defray the expense out of the general highway funds of the village created under secs. 911, 912, Stats. (1898).

2. Sec. 921, Stats. (1898), does not prevent the repair of highways by the employment of, men and teams by day’s work, even though the total expense of the entire work may exceed fifty dollars.

Appeal from a judgment of the circuit court for Mari-nette county: S. D. HastiNgs, Circuit Judge.

*Affirmed.*

The cause was submitted for the appellant on the brief of *.John F. Waiermolen,*and for the respondent on' that of *W. B. Quinlan.*

WiNSlow, C. J.

This is an appeal from a judgment awarding a peremptory writ of *mandamus*against a village *137clerk commanding him to issue to tbe relator a village order for $49 for labor performed in. graveling one of tbe highways of tbe village, tbe claim having been duly presented and allowed by tbe village board before tbe commencement of tbe action.

Tbe village was operating under tbe general charter law, and two questions are presented: *First.*Was it necessary to proceed by petition and assessment against adjoining property under sec. 905, Stats. (1898) ? *Second.*Was it necessary that tbe work be let to tbe lowest bidder under sec. 921, Stats. (1898) ? Both questions were answered in tbe negative by tbe trial court, and we think properly so.

Tbe facts were that tbe village board appointed a street commissioner and authorized him to hire men and teams and do general highway work under tbe orders of tbe board, that tbe commissioner employed tbe relator and three other men with teams by tbe day, and proceeded to fill up boles and turnpike up tbe main street of the village for a distance of seventy rods with gravel hauled from a pit owned by tbe village, at a total expense of $217.75, tbe relator’s bill amounting to $49. Under tbe decision of tbe court in *McCullough v. Campbellsport,*123 Wid. 334, 101 N. W. 709, tbe village board bad authority to do this and defray tbe expense from tbe general highway funds of tbe village created by secs. 911, 912, Stats. (1898).

As to tbe second question, sec. 921, Stats. (1898), provides that “all contracts for tbe performance of any work in any such village exceeding fifty dollars” shall be let to tbe lowest bidder. Upon this point it is sufficient to say that tbe board made no contract with tbe relator for work exceeding $50, nor do we regard tbe section as preventing tbe repair of highways by tbe employment of men and teams by day’s work, even though tbe total expense of tbe entire work may exceed $50.

*By the Court.-*— Judgment affirmed.