The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1878-09-26
The following Is Judge Cox's de-
cision in the County Commis.
SiOner cases.
District Court,
Redwood County.
Fred. V. Hotchkis,
respondent
Y.
Redwood County.
appellant.
NJ Kel'er.|
same !
Charles Porter1

Redwood Falls Jsny 1878 Redwood
County to +. Y. Hotchkiss DR.. to ex.raor.
dinary expenses as commissioners in going
to Chicago in connection with railroad
matters si2 Upon filing complaint in the
the several cases by Rrsp'ts the Co. Atty
demurred thereto, assigning, 'Ti at the
complaint does not state facts suticien: ia
constitute a cause OF action ;"
The several damurr"rs were argued OF,
behalf o. R"spts by judge Baldwin snd
for apt. hy N. f. Powell Esq and also Of.
brief su h~eruautlv furnished by council fnl
reSp.s. The fac admitted hy III" demnrar
are That at Vie tim. i the rendition oi
the services 70" which these bills were sub
>eou"ntlv audited and allowed hy the b
cf com tha rnsnts. w r" commissioners "t
Z, iwoni ronn.y Tha, in IN. MONTH o
December 1871 ihey srvera!y went to Chi
cago and advanced 81 their private fund.
the expenses at such nrney. That in ths
month Of january following the Board t"
com. audited nni allowed :.r several bills
heretofore SIT out 10 r,imhur>e the mem
hers g,rc TO Chicago their expenses.
What The Expenses wtr" or the necessity
fn~ incurriug them either ''as commi~>i"i.-
cr-" or rs ,rv.te irdivii'nn's docs not ,p
pear further than thr hi> show in cor,
ucctiou with railway matters The ncca-.
sit, ot The ac'ion is not shown by tL- = Il
or complaint nor that sIch ac:irr wa, il:
pu-snsnc" of any prior vote or resnlut on
at TIE hoard passed. ut anv r"rnlar or pee
i"l meeting thereof. The Bill itself is 10,
itrmz"a
Treating the propositions iuverSelv in
Tho order in whi.i they ar. stated the law
seems main. s-a,,s +, mrs. 1oes re,as .,na
f,-, any account s,rimS or jn,n,nd, =
shall IL aui;,od ,ha persons il,
who's, u vor s,,,h nee. mt shall he
>haI' reduce the same :, writing in items .
Soc / of .h, same art makes I. \ nn,,il.v :,
al'nw srv ,..,itrn,iz 4 aacau~t e., hy any
Tcar Thn ori,inn Of tle eour, ON thi.
pni,. car mah..ba ,,w no ,.,o, Ger ,har
he express enactment and ,h,,e orr ronei.
expressed Council claimed that n" pro.
cas''i"rs of rasr's wer" u"au'l rriz.l hy
fia h'sr'. '''arAforn thn 5 rviu"s rendered
md exp ''S"s incnrr"i wer" not "f Il" Of
h"'a' character. not occurred in the ds-
charge o. pa 'slir lay rs commissioners
So 3 Tit" :. CLIP II st. =. large pr
vides how t'ts r"'v"r rs "s cou"'y com niny
=" exercised. The powers of a county A. :,
body rn'i';c ara corporate can only H..
* rejsntl hv the h,ari of ronn,y commits
s;on.r -. or n rnrsranne e resolution, hv
'h"m adopted Il will "nt l,a cpntendsl
That III" "trip to Chicago WAS undertaken as
" hn.'v H:cia.iy. a continuous meeting Of
tho board
n" "Nairs ni cnrnorativn body can
only h" transacted st a corp rate me. ting
nv ."o Is Mass. 1873. IL Am Law Reg.
y f3i.
Nritont vote or resolution to snch cf
feoF dn'v passed r">Nfs must har" per-
'"rni"" 'ho services &c as pr'vat" individ
Hais. they con Il not act separately as COM
mission RS i,nr give their consent in snrl,
manner rs 10 hn1 them-civoS rs a coli"c-
i've h"iy Aug. and Am on corn sec. So9
aud 40 Mas 29S : D-nni" 5G7 .. Barb
io4 l3 P-t =. : ISL. A and A Ia.
Counsel for resnis. ure.s that the snbse.
Gnent allowance w tn. Il. ot ,om. ut the
Jary. session, Of the hills is in itself a rat,-
fcation of The acts Of .;,e individual mem
hers aud n enn.r,J acknnw,edoemep.o of
agency. II these services and exnenses g.
are of a ,n.,,re and character briry;ro ,,,am
within the Legitimate exercise Of ;n,,n;cina,
authority to allow, there can h. 10 nsces.
sitv 10 urge such claim of agency on the
one hand. nor want of resolution or vote
on the other, hut # such services aud ex
pousss are not within the scope of munici i.
pal power tho cla;m OF ratification Of agents
acts will he of 80 avail. for there can he no
ratification nf an act contra looem story
com. sec 1Io. il. on s,e,cv Sec 1ss 9
Kt 29j. II. & nennio 5s7 ;l ITO
The ratification Of an act performed nv
AN agent mIst take nlace nrdcr circum.
stances when the rafting party might
h;nst # have ,sy,rllv done The act ratified
pol'or,; g Il in Bircr Rro,v, cited , K,
6li Resides there is no avernnnt in
the complaint Of any ay"rrv aid the court
will not c-cata one 2 x, 7oa
Third Ts,o main argument turns an
nare,tlv on the question, Were the SER
vices rendered a legal charpn against the
county in anv aspect and WAS the audit
and allowance nf TIE bills aut.,n,zad in
any event Tho comnlain, only S,...e.
that the services and exneusas rendered
and male Avcn necessary aud IN tho ;,,,,.
est oi the county and for the henetit If the
san,o. and ,hi, taken in connection ,vi,,,
,he words ar r Na,,er,u in hin is mi
,hcrn is peadad from which 10 gcthcr ,he
" n n q nr character of Suc' a.rvires btl r.
discard every i,nnod;mrnt :, a fair nna.,-
standing :. my he assumed tina, !, n,rs,.
aucn Of chin el succia, laws Of 1874 NH.
orizinc Redwood Co ;,ter a,;,e ",, ;ssne
bonds fo, the pnrn,s. Of aiding R,;Iwav
Go. i. CONSTRUCTION Scn Bonds wore du,v
issued To- Min v R,,IsayCo Nv p.d,So,,J
g unity. .hrnuc. i..B o. Com VIII t,,;s.s.
summit, n auth.r,zo tl,. exnandn,,ro :, .nv
form c,nt-n.i.d Tor hy ro.p.s. and can IN.
allowance o: these hills he i, .t;(i.} ,nacr
his condition o. affair.Y Go fnr,h.r and
assume that tho SERVICES were rendered and
Expenses ircnrred in the necoiist,on or
delivery of the bonds 70 the comnauv th,,
it took n.hnr memh"rs Of tie hoard To- visit
chic.co to accomplish this rcsu,, without
" liirh the r. z. Sonld NJ. could not. le
tu;,' and ,ha, the construction Of line #
railway tnr"nrh"nt the county would he OF
cr":t l"nc6. to the county and it's citizcns
Nd hat IA u result the company have
'h"ir li"e through said county
1t undoubtedly may ie and is a scem;,.g
harishi. aud injustice to jealous md pains
taking r"h'ic officers acting in the con.
sciant,olI. d Scharga Of what tnev honrstlv