Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-09-16
COUNTY A
Meeting Of the Board of County
Commissioners.
The County Printing Matter MOI
Settled Exactly A Learned Brief
from the County Attorney.

The Board of County Commissions
ers met yesterday, pursuant 20 Nad-
Among the first acts of the pdtres
oonscriDH was TO vote three thousand
dollars $4,000 to Nh. c. G. Burke for
maps and plats.
matter was next assaled, but nothing
achieved-our friend League having
not only reason, right and pluck, but
the law on his side.
The District Attorney made the fol-
lowing report:
In the matter of correction Of assess
ments, submitted some days since, l
have to repOrt that the Assessor for the
/ District where complaint is made
shall, with the aid of two freehOlders
in compliments district, revise the
assessment, and if it appear to these
on evidence adduced by complainant,
or from his statement, that the assess
ment Is wrong, the Assessor must en-
ter ia his books the proper correction
within thirty days of the correction.
j. b. WOODWARD,
County Attorney.
The following report from the COun-
ty Attorney was also received and
adopted. The parts marked with an
asterisk u and in brackets are inter
lineations by members of the Board
especially that word legal y:
To the Honorable Board of County Com
missiOners:
Gentlemen: In answer to the propo-
sitions submitted by the Board as re-
/ CARDS 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 9, 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 adj
| dition TO the duties prescribed in arti-
! cles | and ii, of chapter 6 Of the code,
such other duties as are or may be le-
gally demanded of him by the Board.
This brings us to a consideration OF
the question. Has the Board the legal
right to demand OF Mr.. League that
he c~Ountersign the warrants regularly
awarded by the Board in payment of
| appropriations allowed and entered of
record as required by law and signed
by the President?
lam 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 con-
tempt ofcourt and the further penal
ties prescribed by e 1861 and 4065 Of
the code.
1t will be seen by sec. - of the act
March 9Th, 1866. that no money shall
be drawn from the county treasury ex-
| cept on a warrant signed by the PreSi-
dent of this Board and cOuntersigned
by the clerk, and further that all pow
ers and duties formerly vested in and
performed by the Quarterly Court are
! given to this Board. Now by refer
ence to section 525 of the code it will
be seen that it is made the duty Of the
Judge or Chairman of the County
| cOaFt 10 draw his warrant on the
county Trustee for the payment of
any Judgment recorded against, or.
| debt due from the county.
The County Commissioners are
legal agents and representatives of
| the county, and their action in the
matter of passing an appropriation to
anyone where there has been a previ-
Gus consideration creates, in nay opin-
ion. a debt contemplated by section
l rDE - 49,, rD1n md tho prnGfdnnf of
of this Board cannot rightfully refuse
to draw and sign his warrant for the
amount, This true, the rule / have
stated applies with equal or greater
force TO the Clerk Of the Court, whose
duties are simply ministerial, and in
no sense in this connection can they
be said to he judicial, An opposite
view of the question, il carried ont IN
its proper eliminations, would be
giving the County Clerks Judicial, SUI
preme and absolutee control over inter-
ests peculiarly vested in this Court. 1t
may be proper for me to remark in
this connection that If the Commits
| siOners exceed their powers and make
illegal appropriations, the law affords
a Just and adequate remedy.
i am further OF the opinion that
| this Board can make no order on Mr..
League whereby he will be compelled
TO give his books and records into the
keeping or possession temporarily or
otherwise of any person. Tor persons
except the Board of Commissioners
when in session. so long as he is clerk
of this Court. 1t will be seen by sec
ton 326 of the Code that he is re-
quired to give a bond IN the sum of
$40, 600 conditioned for the safe keep
ing of his records. 1.-THE proposition
were tenable that an order of this
kind a be made, we would have the
strange anomaly of an officer under
bonds in a large amount for the per-
formaneeof something that had passed
from his control without his assent,
into the charge of persons who have
given no bond and are in no sense le-
gally responsible.
Respectfully,
j. b. WOODWARD,
County Attorney.
On this document is endorsed,
(among other endorsements) and it
is further ordered that it appear on the
record of the Board that the Clerk is.
not guilty of any contempt of this
Board, he having diselaimed any in
tentiOn of the same"