Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1880-02-12

leach and every order of said Board made
"at said session, allowing claims against
said county amounting to more than
twenty-five dollars. And you are further
requested and noti6ed to give these mat
tiers your especial attention, and to bring
"lhem on for trial by jury at the next
"term Of said court, and not to allow
"the same to be referred or tried in any
"other manner than by jury, as, in our
"opinion, former appeals have not receiv-
led proper attention, nor the interest of
1.-THE public sufficiently protected. We
"would also call your attention to the
''fact that numerous other bills were al
slowed at said session by said Beard
(which are illegal, and amount to less
"than twenty. fve dollars, which we deem
st your duty to appeal FROM"
The County Attorney tells us he has
complied with the law and appealed from
the bills enumerated; that he don't con.
slider general request to appeal from
all bills over twenty five dollars request
within the meaning of the statute, and
his sworn cuty to all the taxpayers pre-
cludes him from appealing when not
compelled in cases where he can discover
no Illegally in the bills. That as to the
bills under $25, it is too much to open
the sideways of universal litigation
and oblIge every person who has a claim
against the county to recover at the ex-
penss of a suit, and incur a large amount
OF costs for all the taxpayers to pay.
That he carefully scrutlnizes all bills
brought before the Commissioners, and,
It the seven, or any other taxpayer, will
specifically call his attention to any lille.
gality in any bill under $25, he will re-
examine the matter in the light OF their
Information, and appeal, if proper. As
TO former appeals, there have been three,
requested by the seven tax payers, with a
few changes of personality. One (S,im.
ssn's was Withdrawn by the plaintiff, and
Represented to the Commissioners and
heads the present list of appeals. Another
(Welser's) was dismissed by Judge Page
at the request of plaintiff, and, amended
in form, has been represented and awaits
the action of the Commissioners. The
third (Corey,s) was stipulated to be refer
red to Ormanzo Allen, but the Court re-
fused to order the reference. Delay in
the decision Of these cases, may be 1nju-
rious to the interests Of the several plain
tiffs, but cannot be to that of the county
which, at least, puts off the time, If it
cannot eventually escape the payment of
these sheriff g fees and costs. All ap-
peals previous to these, were by the plain
tifts and not by the county, and date
back to French's attorneyship. The sue
cess Of the county was not eminent. West
was scooped out of his jailor fees. 1t was
too small an amount to pay him to appeal.
Baird recovered his fees in the supreme
court. Riley's is still pending there.
Afser these matters have been appealed,
the County Attorney has tho manage
ment of them and not the seven spirits
taken unto himself by the prime mover
in this call to expensive litigation. If q
case is dependent on the construction Of
the law, and demurrer is interposed, it
is difficult to see how it can be tried by q
jury. And the County Attorneys duty to
the other tax. payers who must help foot
the bill, will doubtless lead him to use
his own discretion, whether 10 try a
given case before the court, jury, or q
referee, ~ will be most likely to attain
justice and save costs. gzss:.rs II: ,E