Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1882-03-20
"wANroN pE1ulAHcE."
The District Attorneys Views On
she Payment OF she Bal ofLswis
q Deal for Legal Services.

At Q recent meeting Of the Board Of
County Commissioners that body allowed
the bill Of Lewis & Deal for $3.50. The
bill was for services rendered in defend
ing the Commissioners claim that Coun-
" Jail No. 2 was a legal institution. Tho
Auditor did not think the county should
pay 1t, and applied to the District At.
tornsy for advice. That gentleman con-
siders i. a legal charge. and SO says in
his opinion; but be is not very compli.
mentary to the Board in delivering that
opinion, which IL o written ons. It 10
printed below, az 1t gives Q history Of
the case:
VIRGINIA, New, March 10. 1882.
To Vim. NJ. Brennan, County Auditor.
Storey county, Nsvsda-Dear Sir: In
answer to the question whether Q Ger.
tain voucher or claim passed BY the
Board Of Commissioners at Its meeting
on the 10th instant, in favor Of Lewis 4
Deal, for $3.50, Is q proper charge against
Storey county. I have to say that the
claim in question 10 for legal services
rendered by Messrs. Lewis 4 Deal 10 the
matter OF the State Of Nevada e. rel.
Frank Fredsricks VI. The Board OF
Commissioners and Auditor OF Storey
county.
In the litigation above mentioned the
mower and iurisdiction OF the Board OF
Commissioners to perform certain Oh.
cisl acts, which they bad undertaken to
do. were called In question.
The Board having determined to claim
10 exercise such power aud jurisdiction
contrary to the advice OF the District At
torney, the necessity arose for the em.
ployment Of other counsel to represent
the Board OF County Commissioners In
maintaining the jurisdiction which 1t
assumed as before stated.
In exercising your duty and RESPONSE
bility in the matter OF drawing your war
rant to the Treasurer Tor the payment OF
the claim before mentioned. you very
properly inquire whether the same is =
proper charge against Storey county; In
other words. whether the Board OF Com.
m~issioners have the legal authority TO
charge the county with the expense OF
defending the powers and jurisdiction
conferred on the Board by the laws,
sven though the Jurisdiction which they
claim to exercise be assumed and wholly
iudsfensible In law. It 10 quite clear to
my mind that it is the duty Of the Board
to exercise and maintain whatever
powers and jurisdiction tho laws have
conferred. and to defend such powers
and Jurisdiction whenever the same are
sssailsd. and that the legal expense neo-
essarily incurred in making such defense
must DO borne by the county; and that
the Auditor. in the performance OF his
duty Of scrutinizing and auditing the
claims arising out Of the expense so in
CURED, cannot inquire into or determine
whether the Board has usurped or as
sumed q jurisdiction in the matters hti.
gated land about which the expense to
the county wal incurred), as the basis
OF determining whether he will audit
and allow such claims.
Whilst I think it true that the claim
in question Is an expense to the county.
which has been incurred by reason OF
the wauton petulsncs OF the Board at
the restraints and limits which tho law
has cast about the powers and j%urisdic-
ton OF Boards Of Commissioners, yet
you will not permit such consideration
10 have any weight in determining
whether the claim 10 q proper charge
against the county.
Therefore. upon the ground before
stated, that Ii Is the duty Of the Board
to defend and maintain whatever OF its
powers and jurisdiction the laws have
conferred, and that the county Is bound
to meet the legal expenses Of such de-
Tense. Aud this being but q reasonable
attorneys fee in the case above men
toned l am OF the opinion that 1t Is
your duty to draw your warrant In pay.
ment oil the same. and II the Board Of
Commissioners have involved the county
In unnecessary legal expenses in defend
ing what is indefensible. as seems to me-
to be the fact in this case, the response.
bility for thus wasting the funds OF the
county must rest upon the Board OF
Commissioners. and that in such re-
sponsibility you will have no part or
lot. Very respectfully yours,
OGDEN HILEs,
District Attorney. Storey county, New.