Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-04-04
Robert C. Mitchell, appellant, Us. the Board Of
Cau,aty Commissioners Of the county Of st.
Louis, respondents.

LeOOeFt y. W HcftSt up0ettt11t, as. tHP BOGfU OF
Caunty Commissioners Of the county of st.
Louis, respondents.
SYLLABUS.
In procuring the publication of an annual
statement showing the receipts and expendi-
lures and financial condition Of county, pur-
suant to sec. 1O3, oh. 8, general statutes as
amended by CHI. SO, general laws of 1872, the
Board of County Commissioners act under a
limited statutory authority, and in order to
bind the county for any contract made for such
publication they must keep within the limits
of such authority. The law imputes to every
one dealing with public officers acting under a
special statutory authority full knowledge of
the extent of such, their official authority
OPINION.
The complaint contains but one cause of
action, which in substance consists in the pub
LEGATION by plaintiff, at the request and under
the direction of defendants in newspaper
published by him at Duluth, in said st. Louis
county, of a certain financial exhibit of said
county and its affairs for two years next prior
to October LIST, 1876. It is therein alleged that
said exhibit comprises "a full and accurate
statement of the receipts and expenditures of
said county of st. Louis for the two wears
ending the LIST day of October, A. D. 1876, to-
finances of the county, at said
last named date, which had heretofore
been made by and under the direction of said
board OF county commissioners" That said
exhibit was, at the request of said defendants
published by him in full in said newspaper
once In each week for three Consecutive weeks
commencing on the 9th day of October, 1876,
save that in the first of said publications a
portion of said exhibit was omitted, with the
assent OF said county board. It is also averred
that the said publication, so made, was reason
ably worth Is cents per folio, for the first
Insertion, and IS cents per folio for each subse-
quent insertion, and that the whole was reason
ably worth the sum of s482.6O. It is
further alleged that plaintiffs bill
Tor said services, properly verified,
was presented to the defendants for
allowance and by them disallowed. The main
question raised by the demurrer is, whether
the board of county commissioners, of said
county, had any legal authority whatever to
contract for the publication of said exhibit or
statement so to bind the county for its pay
ment. It is conceded that in authorizing the
printing and publication in question, the com
missioners acted solely under the provisions of
section 1O3, chapter 8, general statutes, as
amended by chapter So, general laws of 1872,
from which all their authority in the premises
was derived. By that statute it is provided
that the board Of commissioners, on the
third Tuesday Of March annually, shall
make full and accurate statement
Of the receipts and expenditures of the preced-
ing year, which statement shall contain a full
and correct description of each item, from
whom and on what account received, to whom
paid, and on what account expended, together
with an accurate statement of the finances of
the county at the end of the fiscal year, in
Guiding all debts and liabilities of every de-
scrption and the assets and the other means to
discharge the same, and shall within thirty
days thereafter have the same posted up at the
Court House door, and at two other public
places in the county, and published in
some newspaper therein, if there
is one, for three successive weeks.
The statement required by this section is an
itemized one, showing the receipts and expen-