Mountain Democrat., 1857-11-07
q, ,n,,t,d f,r TIE Democrat hy JonT &. Er.ifs, H.
w n,i,,I.,n Of J nalgt IIONAcII.

OuIuI1m Of Judge Howell.
1.o last session of the District Court Of
=" ".,,,ty "A decision was IrI.'irtrd wir,>t.
'h'o r,,,r,. will be Scnsihly irl: ~ the people
!I,' county, for not only Inns il proved bar
81 .,r extraction Of II large sum "t money from
w. county trrasury-tlc immediate object rI
we but il will he Il precedent for SUE.
the sr IN office tO reflect upon when they hold
determination the elasticity oi the dGciIinr
~ ..,T',n.trurtive Fees" II may be well for
81 GA whose position tcnptS tiTm IN virw tn
VI" LI, This ,lnctrinr, To read the opinion of
I,'L,, Howell, that they may learn the ia>iiv
',S,Lr doctrine and the grcv"u- consequences
,Iis practice:
J,ririnc was DESTROYED, were ~ f,llpwS
w. W. ,br 18th day Of January. lN.7. G y. Nu:c.
w, 'r, ,Lrn County auditor of Ills county, NJ.
wall before the Beard "f Sm;ClN js.rs and
Te'Jc Affidavit that lee was t,llg, 4 h. I,eFf,rn,,
H," ~ ,h, discharge nf his 0aicinl duties, large
',"nut )" Of service in issuing aHd canccling an
i;,,r's warrants; that Su"I -TVicr had been
u,n,r,,rmcd bv him from the I Il day IT Ociubrr,
I.;3 to the 18th day "f January. IS;7, and
'b,t I;,r such services hc had received u" lay,
WLcrrurnn, the Board Of Supervisors PASSED
w ordrr allowing the said Auditor the sum VI
G,vcntv.F Five Gents fnr each ORDER drawn by
In, nm the County Treasurer, from the lst Of
nc,nLcr. $50, to the 18th Of January, l>i7,
snJ authorizing the said Auditor to draw his
nrJcr on the County Treasurer. payable to hm-
srlf in such sum as he was entitled to, under
tho ordcrI*I Accordingly, the said Auditor.
m the 10Th day Of January, 1861, issued a war
rnnt in his own favor for $2,327 -. Upon
these facts the Court delivered the following
opinion:
mS,.Its nt' Gtl;frrhid, E.Hnty # ~ Do,0'io.-M
The Gi&'raf (omt ot' tie ilM ./mi;rih Dir
tri,t.-7he PeopF, er Tl., HtDn a"d |bt"t,
TLtinGf@, rs. The Emri IF Supervisors n
stM L"nnty, anil Real, Ted~ur,i, anil .lot,-
trup, Amtitor, Hfrni,nfs.
"At the August term of this Court, q writ
Of ,rfi"yq,,i was issued 10 the Beard Of Super
,i,nr>, commanding them to certify To this Court
certain proceedings Of S:ud Board allowing the
said Nntewarc, MS Auditor Of said County, sew
,uty.livc cents for each and every county war
rui issued hV him from the LIST day Of October
i>;, tn thr Il 9Th ,av uf January lei1. In oh"-
,licn.c To the command Of the writ, the Board
certified tu this Court the following record, VIZ:
The record briu. the affidavit "t the said
auditor and the "rdrrpa>Scd by the said Beard
containing the statement "i the lact5 above
inrhtlanpd. .-
/" I'm their petition, the H.hH.rs pray that nm
,Iinnctiom>suc against the said Nncwarc re-
A,rnining him from negotiating the warrant
drawn bV hiiu and, also, against titr frrt~tiirr
10 prevent him from paving the same
- tt the hearing il taFi'eaIet tlat"a tie latl'
oC January, l>j1, IN accordance with SAID r'>o-
t,ti,n, said NuicMarr drew Hm order in favor
,f himself or bearer un the Treasurer Of said
county for the sum Of $?,"21 -. Said war
ran- i, in tlr following words and figures:
"'Nu. $40.
Auditors Oncc, II Dorado County, California
C"l"lna, 10th January. l>:,7.
Treasurer of l.ld"radp County will PLEASE
rav To &. y. Nutrwarc or hcarcr-Audit"r'S
trr, ices Tw.ntv-;hrrr hundred and twenty
seven -" Dollars, out Of Ike General Fund.
s. - ..-"h.