The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1882-01-05
JUDICIAL DECISION.
Fay for Publication NOs Legal IN the
Printing Or County l'rensurcr's semi.
annual iIcpOrt IN Pnri ~ the IsOar,i
Isr0 csssd tnsS.

Fay for Publication Nor Legal IN the
Printing Or County 'Grensurcr's semi.
annual iscpOrt az Pnri ~ the Hoard
Proceedings.
The following decision settles mat.
ter Of dispute between official papers
aud county authorities rs to what is le-
gal to publish MS proceedings of Boards
Of Supervisors
George W. Hazlett ~. The County Of Howard. Ar.
pela.tt
This Is an action 10 recover Of the dcfe ndapt
q balance claim. To he due Tor publishing IN n
| newspaper, OF which the plaintiff was proprie
tor, tue scmi-annNal report OF the county Treas
nrcr OF the defendant county. 1h.re was
judgment for the plaintiff. Defendant ap
peals.
Rothrock. J. Tho amount in controversy ii
less than $50. I'll Clcn.t Judge has certified
70 ~ the following quest ons Of law for our
Dc .rmiilation
.Is the scmi-annual report OF 4 County
Treasurer, made by him to the Board Of S,l, err
vlsors 1t the time Of his settlements with such
board, q part Of tho proceedings OF tie Board
| OF Snpcly.sors, AMI should II lc Published by
the board rs . part of It's proceedings under
SIC. 3OI Of tho Code? And, II published by re-
quest Of the board in the papers which have
been selected 10y It at its january session in
which ~ publish Its proceedings, are such
papers entitled To recover therefor more than
one-th rd tae legal rates for er,lsehisntsY ~
Section WI 81 the code IL ~ follows: !" The
Board Of Supervisors snail, at it, January scs-
Zion 81 each year, select two newspapers pub
! shed witain the county. or on. II but one DO
published therein having Ill. l.rgest circui,-
tioa III tho county where published. in winch
the proceedings a said bu.ri sAa. IL published
u tnc expense ut tie county, pro.
sldcd that the cost Of rncl publication shall
not exceed enc. ,Aid IL rate allowed by Law
for legal advertisements
II appears 10 Us too clear for argument that
the Ifeaanter's stm-annual report il not part
OF tae proceeding. Of the board within the
meaning Of this section. Tie proceedings of
the board are its official acts, resolutions and
orders upon tie Various matters which may
come before It. Ike report OF tic Treasurer Is
no moe pant OF tie proceedings VI the board
than arc road petitions. tue statement and veri-
tications oil claims presented, and the like. II
every paicr presented 10 the board for its nc
tlon theron Should 10 required to DO published
IN two newspapers IS pat Or tho proceedings or
the beard, ,ho law making surh requirement
would soon oe repealed A. utterly impracticabic
mn useless.
1t aprc1rs from tie last question presented
in til, certificate that the plaintiff published
tile rep, 1T ly the request OF The Loa,d, and that
Ills newspaper was the which had been selected
10 pnlli.h the proceedings Of the board In
ori,r - determine whether the compensation
for such publication i limited to that allowed
for Publishing tue proceedings OF the board, il
app.ais 10 us about ati that Is necessary TO say
Is that the report Is no. part OF the proceedings
AID, 1urtlicr, by seet.e. 4 af the Code the
Supervisors arc reqa.rei 10 publish in ut least
ono news apcr N H., county, II there DO one
published therein, aii9ag other things, "a tult
statement OF the an"sais OF tbs Tr.a-Gstr's &C.
coalts ~ the last settlement III on his balance
sheet or account cur Ill III III tnii,s such settle
nians. No krccia. u. ~ Sion Is made liking the
compensation Ter such publication. Ii will 10
rclnt nslcicl THAT ", Ie.eIni.na u..y the aues-
lons II law CO Il ed ~ the Judge. Whether or
not the cpnlc sation llowei was to- large We
are HOT AZ Ii 3crtv t. teslls. We may be pei
mitt,d to rem ,rk. however. that il il MI enigma
to us how II came that u nuh.ic,'ioa Of Tleas-
| urer's report OF ono Hundred AMI four squares
III a newspaper can he jastii..d under section
32i uf tile Code. The anaoants Of Tie accounts
on lis halancc sheet or account current is ell
that Is rtGn rcd To Ice published.
Il app,a that the plaintiff has died since
this appeal was taken. BY \ stipulation on file
Emma Hszleit, administrator OF his estate, il
substituted Is appellee. Affirmed.