Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-03-17

| iting the exception ia fOrcibly stated by Judge
Dillon. He says, 1.-THE rule is of Importance
to the public. To allow changes and additions
| in the duties properly belonging to or which
may be properly attached to an office, to lay the
foundation for extra compensation, would
soon introduce intolerable mischief. The rule,
too, should be very rigidly enforced. The stat
utes of the legislature and the ordinances of
municipal corporations seldom prescribe with
much detail aud particularly the duties an
nexed to public offices; and 1t requires but lit
tie ingenuity to run nice distinctions between
what duties may and what may not be
considered strictly official, and if these
distinctions are much favored by courts of JUS
tice it may lead to great abuse" l. Dillon,
municipal corporations, section l72.
1t is in the light of the foregoing elementary
principles that the several statutes regulating
the county of Ramsey are to be construed and
the claims in question examined. The COM
pensation of the auditor and treasurer of the
county of Ramsey, from April l, 1872, to May
!, 1876, was regulated by chapter 1877, special
laws of 1872. Section of the act provided
that all fees, costs, allowances and perquisites
of whatever kind which the auditor or treas
urer were allowed by any law to collect or re-
ceive for any official services, should be re-
ceived and collected for the sole use of the
county treasury as public moneys belonging to
said county, and not otherwise. Section fixes
the salary of the county auditor at $1,000 per
year. Under this act the claims allowed and
paid to the auditor for making the financial
statement of the county for the years 1874 and
1875, and as clerk of the board of equalization
Citems l, 2 and 8, page l of your list), were
clearly unauthorized. I am not aware of any
statue, general or special, allowing him COM
pensation for such services.
1t may be claimed that the services charged
for in these three items were no part of his Of
fetal duties, and therefore fall within the ex-
ception to the rule above stated / think not.
as to what are or what are not official duties, !"
for the purpose of laying the foundation for
extra compensation by public officer. The
auditor, by law, is made q member of the board
of equalization. He is also clerk of the board
of county commissioners, and required to keep
q record of all their proceedings, and keep all
the records, books and papers belonging to his
office. And no other person could so appro-
priately discharge the duties of the clerk of the
board of equalization as he. The financial
statement was required to be made by the
board of county commissioners of the county.
General Statutes 1866, p. III, Sec. 1857 The
auditor is clerk of that board, and has charge
of the records, books and papers from which
the statement is to be made, and it is his ofici-
al duty to assist in making, it. The board
could not delegate the entire duty of making
it to their clerk, and bind the county for the
payment of the services as extraofficial.
Item T. page l, of your list was properly al
lowed. New duties as q member of the board
of audit were imposed ON the auditor by gener-
al laws of 1873, chapter SO, and compensation
for such services expressly provided for. Item
was authorized by chapter 81, special laws of
1875.
From May l. 1876, to March 5, 1878, the sal
airy of the auditor and treasurer of Ramsey
county was fixed by chapter 207 of special laws
of 1876. By section the salary of the auditor
is fixed at 81. 900 per year and the treasurer at
81, 500, and by section l, no other greater
compensation could be allowed or paid either
as additional compensation or for deputies.
clerk hire or otherwise. 1 do not think this
act should be construed as depriving the audit
or of the compensation of S3 per day as a men,
Der of the board of equalization of Ramsey
county, as provided for by section 4, chapter
2l2, special laws of 1876. Section l of the
latter act uesignates who shall constitute the
board. Sections 2 and define their powers
and duties. The members of the board are to
meet on the first day of September in each
year (unless it should be Sunday, in which case
they are to meet on the second day of the
month) and complete their labors on or before
the twenty-eighth day of the same month.
Section provides that each member of the
board-the auditor is q member-'shall be
paid the sum of $3 per day for every days
actuai SERVICES HioresSio; tuat ~, IoI the ser
vices mentioned in sections and3. 1t will be
observed that all the duties of the
board must be completed in
twenty-eight days Excluding Sundays) and this
would be the limit for which the auditor could
receive $3 per day for services member of
the board. The duties imposed on the audi
tor by section of the act are made a part of
his official duties as auditor, and no oompensa-
ton having been given by the law imposing
he ha IN N 4 Of IN an in aH-
dition to the salary fixed by law. If the view
that have taken of these statutes is correct,
it follows that the auditor was entitled to SO
per day for services as a member of the board
of equalization not exceeding twenty-eight
days Excluding Sundsys) in each year-that he
is not entitled to extra compensation as clerk
of the board of equalization, nor as a member
of the tax committee-that items 7, 10 and IL
(page of your LIST SO far as they are for ser
vises member of the board of equaliz Ition
within the above limit, and for necessary dis
bursements for postage, express charges, ETC.,
we're properly allowed and paid.
Items IL and IA, for making financial state
ments for the years 1876 and 1877, were not le-
gal claims against the county. Item is is not
sufficiently definite to enable me to determine
under what statute the charge was claimed to
have been made. Item II is authorized by
general laws of 1877. chapter 81, to the extent
of 50 for each days service rendered according
to the statute, and actual travelling expenses.
All items for disbursements on account of
postage, etc., are proper claims to be allowed.
Items for payments to the auditor as purchas-
ing agent for the county seem to have been il
legally paid, whether made to him direct or to
. clerk. 1t was the duty of the board of coun-
ty commissioners to furnish county officers
with stationery and books for the use of their
offices, at the expense of the county. The board
was the proper party to contract for the fur
nishing supplies of this character to the county
officers. They could not delegate the duty to
the auditor and add $500 year to the COM
pensation allowed him by law. Sec. I, chap.
207, special laws 1876.
The amounts paid the clerk of the district
court seem to have been for services rendered
under the general tax law of the State. which
imposes upon the several clerks of the dietrict
courts of the State Few duties. and fixes their
compensation therefor in express terms. If
such was the character of the services, see no
resaon why the allowance and payment of the
claims were not proper.
The amounts allowed by the county commits
sioners and paid by the county for the colleo-