Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-09-16

Inc board Ct COuhfy tommihsiousrh
met yesterday. aud alter allowing -. 600
TO Mr.. G. C, Burke, for maps and plats
Of the county, they proceeded to pitch
into the County. Court Clerk for not
allowing Mr. Merrim0n and DR.. White to
have access to his books, records, etc,
so "a TO enable them to make out copy
of their proceedings to be officially pub
lisbed in the Avalanche. Mr.. Loague
refuses to make out the. report himself,
unless allowed payment for it. The
Board having no legal right to make any
appropriation for such payment, is in
quandary about the manner in which
they shall get their proceedings
before the public. The organ, it
seems, will not try to obtain the
report itself, so vast amount Of official
patronage thus goes unrealzed. The
Commission claim the right Of having
the copy made out and paid for, and that
the Clerk, Mr.. League, is compelled by
the duties of his Office to countersgn the
warrants Of the President of the Board
for whatever purpose they may be issued.
Mr.. League entertains different viewa,
and so far has steadily refused to coun-
tersign. This brings about another con-
flict on q question Of jurisdiction, and
will probably have yet to be decided by
some several legal tribunals. The Com
missoners appealed to the County At
torney to give his opinion on the subject,
who thus expresses himself on the
statutes "made and provided" and the
duties of Mr.. League generally
To the Honorable Board Of County Commits
sienerj:
GRSTLTMEN-In answer to the propo.
sitions submitted by the Board as regards
the duty of Mr.. League, County Clerk,
to countersign warrants signed by your
President and issued by force Of orders
and DEGREES of your Court, also as to the
right of the Board to control the records
OF the Court when not in session. When
the Court is not in session / do hereby
report:
That by section oath of the act OF
March 8. 1867, Mr.. League is the Re-
corder Of your Board, and required to
discharge all the duties thereto which
formerly devolved upon the Clerk of the
Quarterly Court. This act in its terms
makes Mr.. League Clerk of the Court,
and imposes upon him, in addition to the
duties prescribed in articles and III, of
chapter 6 of the code, such other duties
as are or may be legally demanded of
him by the Board.
This brings us to consideration of the
question Has the Board the legal right
to demand Of Mr.. League that he coun-
tersign the warrants regularly awarded
by the Board in payment of appropria-
tons allowed and entered on record es
required by law and signed by the Presi-
dent2
am clearly of the opinion that this
Board has the right, and any failure on
the part of Mr.. League to comply with
their order in this regard will subject
him to punishment for contempt Of court
and the further penalties prescribed by
sections 406l and 4065 of the code.
1t will be seen by section rs of the act,
March 3, 1867, that no money shall be
drawn from the county treasury except
on warrant signed by the President OF
this Board and counterslgned by the
clerk, and further that all powers and du-
ties formerly vested in and performed by
the Quarterly Court are given to this
Board. Now by reference to SECTION
525 of the code 1t will be seen that it is
made the duty of the Judge or Chair
man of the County Court to draw bis
warrant on the County Trustee for the
payment of any judgment recorded
against, or debt due from the county.
The County Commissioners are agents
and representatives of the county, and
their action in the matter of passing an
appropriation to any one where there has
been a previous consideration creates, in
my opinien, debt contemplated by sec
ton 525 of the Code, and the President
Of this Boar cannot rightiuiiy refuse to
draw end sign his warrant for the amount.
This true, the rule haye atstsd appliea
with equal or greater force to the Clerk
of the Court, whose duties are simply
ministerial, and in no eense in this con-
nection can they be said to be Judicial.
An opposite view Of the question, if car.
ried out in its proper elimlnations, would
be giving the County Clerk Judicial,
supreme and ABSOLUTE control over inter
ests peculiarly vested IN this Court. IT
may be proper for me to remark in this
connection that if the Comm ssioners
exceed their powers and make illegal
aanropriations, the law affords a just and
adequate rsrptyl -.
| am further Of tbs osiptcn that this
Board can make no order on Mr.. Lose4e
whereby he will be compelled 10 give his
books and records into the keeping or
possession temporarily or otherwise of
any person Except the Board ofCommis-
sionersj SO long " h2 ii Clerk Of this
Court. 1t will be seeh w SECTION s26 OF
the Code that he is required TO give a
bond in the sum If $4,000, conditioned
for the safe keeping of his records. II
the proposition we're tensble that an
order OF this kind can be made, we would
have tie siesnSo Anomaly Of an offer for
the performances Of soRsta,ps isst I'D
,passed from his control without bis
assent into the charge of persons who
have given no bond, and are in no sense
legally responsible. Respectfully,
J. B. WOODWARD,
1oSnty Ettorney.
The GULLETr CoTToy GIG.-This gin |
is being put forward by the agent, Mr..