The Leavenworth weekly times., 1878-07-18
COUNTY sCRIP.
An Important Decision by Judge


1 n
Crozier.
Dis.rict Court cf LeGrcavorh County:
Anderson Co. Savings Bank
VS.. Civil Action.
CONS OF Leaveaworth Co.
In this case il is alleged in the petition
that the Board of County Commissioners
OF Leavenworth county in 1876, entered
into contract with ID. X. Anthony for the
doing of the County printing at certain
rates therein mentionei that having per-
formed considerable work under that con-
tract, Anthony presented to and filed with
the County Clerk, itemized accounts, there
for, properly verified; that these accounts
were by the Clerk duly transmitted to the
County Auditor, who duly returned them to
the Clerk with his certificates Of allowance
theron; that the same were laid before the
Board al it's then following ses ion, when
the allowance Of the Auditor was confirmed,
and the claim ordered to be paid; that the
Clerk thereupon made and delivered TO
Anthony certificates TO the effect that the
claims had been allowed by the Auditor;
The certificates so issued, and the clam
therein mentioned, were assigned by Az
thony to the plaintiff, who is now the owner
and holder thereof. The defense is that the
Board had no power to make the contract
referred TO.
j. H. GiRpal ick to- PiaiAfi5; j. W. Taylor
for Detendan.
BY THE COURT. CRoZiER j
1t is claimed by the Attorney for the de-
fendant that Section 4, Of Chapter 81, Of
the laws of 1876; .1r1ede the making of the
contract referred TO in the petition, and that
consequently il WAS void and created
no obligation as against the county
Whether this objection he well founded
must depend upon the construction to be
given the section referred to. Ii reads as
| follows:
SECTION 4. That no contract shall be
made, or Indebtedness incurred, or order,
warrant, or evidence of Indebtedness of the
County Of Levenworth, be drawn or issued
on the Treasurer in payment OF any indebt-
edness to exceed the amount of funds on
hand in the Treasury to the credit Of the
fund on which the order is drawn at the
| time, after reserving therefrom sum snf-
ticient to pay the fees and salaries Of the
county officers, clerks and employees: A.d
prorided further, That every order or warrant |
drawn on the Treasury shall express on Its |
face to whom issued, and for what purpose |
allowed, and the same shall be payable only |
to such person or his order.
An objection is made to the validity of |
this section by counsel for the plaintiff upon
al to . b..t
constitutional requirement, that no act |
shall contain more than one subject, which
shall be clearly expressed in the title. The
title Of this act is; "An act authorizing
the Board OF County Commissioners OF
Leayenworth county, to is-ue bonds for the
purpose of funding the outstanding in
debtedness of the county, and for other
purposes" Its object and purpose were to
enable the Commissioners to take up and
fund, in a permanent form, the then out
standing county warrants for the payment
of which there were no funds in the treasury,
in order that the affairs of the county might
be put upon 4 cash basis. IL there were no
restraint placed upon the issuing OF county
warrants, the funding process would be in
terminable and the object OF the statute
defeated. A provision german 10 the sub
ject would be one that would prevent the
condition of things the statute was inten-
ded to remedy. This provision it was sup
posed would have that effect, and hence is
not Objectionable As against the constitu
tion.
The language If the statute is, in terms,
very comprehensive; and if there were no
limitations upon it anywhere, would forbid
the making Of the contract sued upon, or
any other contract, unless. money wassinthe
treasury to he paid thereon. Ii such were
the effect of the act, the governmental ma
chinery of the county would have to stop
running. 1t was clearly shown upon the
trial of this case that at the time of making
this contract there was not only no money
in the treasury from which payment could
be made, but that the fund was largely
overdrawn. Such an intention should not
be ascribed to the legislature unless its
work compels it, which it does not do in
this matter. At the time this act was pass
ed, other provisions of law were in exis-
tence imperatively directing things to: be
done which would result in creating county
Indebtedness. For example: printing road
notices, delinquent tax sales, reports Of
county receipts and expenditures, etc,
These things are not left TO the discretion of
the County Board, but are imperatively de-
manded by the statute itself. Now, because
the rate at which they may be done, may
be fixed by agreement, must it follow that
a debt for such purpose is one of the pro-
scribed ones? Probably not. Effect can
be given to the statue without bringing
about such result. IL it be construed to {
apply to such contracts as the Board may I
or may not in its discretion make, and not I
to matters imperatively required by the
.. L Al
legislation. For instance, the Treasurer is
directed by law to have published the de-
linquent tax list, and the county
to contract for building bridges, but it is
with them whether such a
contract shall be made if the money shall s
be in the treasury to pay. Applying the I
statute in question to the latter, would not 1
necessarily hinder the progress of public 6
business, whereas if he applied to the for
mer it inevitably stops the county machin-
cry. Applying these views to the case at
bar it would follow that whatever of the
accounts sued upon were for publishing
matter that the law required to be publish
ed, are valid and subsisting debts against
the county. If any portion of them are
matters confded to the discretion of the
county Board they are not binding on the
county, because forbidden by the statute.
Although debts binding upon the county,
it does moi follow that plaintiff is entitled
to Judgment therefor. When the work
was done the person who performed it knew :
that the law provided how he should be
paid, and was as much part of his con-
tract as if it had been incorporated therein
in terms. 1t provided that he should pre-
sent to and file with the county clerk an |
itemized account, verified by affidavit; that :
it was the duty OF the clerk to transmit it |,
10 the auditor, whose duty it was to exam
inc it and if correct approve and return it
"A the clerk; it was then the clerks duty n
10 lay it before the board OF it's next meet u
ng, whose duty twas to approve il, If cor
rect. and order its payment. After all u
his was done, nothing further could be =
lone toward payment until there should
,e money in the treasury out Of which it 3
,ould be paid. When there should be =
money there, it would be the duty of n -
he chairman of the board and the !, y
.lerk to make out and deliver to the y
person entitled, warrant on the treasury Vi
or the amount allowed, and upon presen- q,
alton it would be the duty of the Treasur-
- a. nav ba r,ana- II ,ba ,osa b., /