The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1857-08-13

any contract for altering. finishing, or
building a Court House. except in ratifying
and accepting-as the agents of the Coun-
ty, the best proposition made for those
purposes, after public notice, and full and
free competition. 1t clearly the design
of the Legislature to encourage such
competition and exclude all favoriteism in
awarding these contracts. This design
would be wholly subverted if the Com
missioners retained the power to modify
the contract thus entered into land increase
the compensation at the dictates of their
own partiality or caprices. Were such the
established law. it would generally hap
pen that these contracts would be taken
by some favorite of the ruling powers, at
mach less, with the understanding that he
would in the end receive much more than
a fair compensation. But such consruc-
ton of the Statute, is trifiing with COM
mon sense and common honesty. The
only power left to the Commissioners af-
ter the contract is entered into, is that oi
vacating it upon proper cause, and any
and all other contracts in relation to the
same subject matter must,be entered into
the same manner as at first. Upon prop.
er construction of the Statutes it is per.
haps more than doubtful whether the con
tract with Junkins and Kennedy was au
thorised by law. though it might perhaps
be pardonable act. of Kindness to permi
Young's securities to complete the worl
for the doing of which they had made
themselves responsible. At all events
the proposition is indisputable, that thu
commissioners having legally contracted
for the job, to be completed for sever
thousand dollars, and the faithful per
formance Of the work being secured BY
sufficient bond, the further approplia
ion of Five Thousand Dollars for th,
same work, was clearly illegal. and un
warranted by any express or implied pow
ers, vested in the County Commissioners
1t could only be. sustainedsupon the as
sumption that the Commissioners may d,
as they please with the public funds, tha
they may donate them to others. or di
vide them amongst themselves, withou
question and without responsibility.
If the appropriation of this extra fv
thousand dollars was illegal it is yer,
obvious consequence, that the order G
the commissioners furnished no justif
action to the Auditor for making the pay
ment His duties in relation to drawin
orders on the Treasury are defined in tn
2Olh section of can act prescribing tn
duties of County Auditors" passede
March 23., 1910, Swan 63, by which
is required to issue orders for all just a
counts debts and demands settled and a
lowed by himself, or settled and allowe
by any other person or tribunal, author
ised by law to do so, and lastly for all d.
mands against the County the amount
which is fixed by law. Before paying al
preparations made by the Commissioner
is his duty to enquire whether they ha,
exceeded their powers and if they are n,
authorized by law to make them, the
having done so furnishes no justificatic
to him. He is by law theaccountant an
disbursing Clerk of the county and d
rectly responsible for the application Off
funds.
!, Believing that this opinion covers a
the inquiries submitted by you. l am
Yours Respectfully
| I'D. SEARS.
/ [B ]
UPPER SANDusKY, Nov. 90, 1856.
/ Col. JOSEPH McCUTcHEN,
!. Auditor Wyandot Co., o.
i Dear Sir i: Your note of yesterday
asking my opinion as to the propriety {
prosecuting the former Commissione,
and Auditor of this county, to recove
the amount Of extra compensation appre
priated and paid upon the Court Hous
contracts, is now before me, and haste
to give you the result of such attentio
as other engagements have permitted N
to bestow.
By an examination of the vouchers fl
payments to Junkins, find the most r,
cent order bearing date June 9th, 1856:
which is the latest period at which an
rightof action against either of the Officer
referred to can be said to have accrued
The Statute of Limitations then
force, was, the Act of February Is, 80
[Swan's Statutes, Edition of I841, page
$751; which provides that "actiou
against officers for nlalfeasance or nor
feasance in Office !" shall be prosecute
within one year after the right of actio
accrued. This actis still in force, as t
allrights of action accruing before its re
pealby the act of March II, 1853. r Sc
Swan s Statutes, page 6e5. A prosecu
ton by indictment and upon conviction
fine and removal from Office. was, pei
| hans the only remedy which cauld hav