The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1888-02-16

composes the following extraordinary rul.
ing .ss
.'The law after directing the county super.
intendent as TO the form Of bis bill reads
and when 30 verified, the county commiss.
toner's shall ut their next session thereafter,
audit and allow the same The boards oi
county commissioners have in no case au.
thority TO cut dowa the bill IN any particu.
lar nor have they right to say hew many
days superintendent shall be engaged iu
the work Of his Office nor how he shall tray-
81 to and from the various schools Of his
county. They may require that the bill be
itemized and in the form required by Law
| and If they have reason To suppose that the
superintendent 10 making false bills, Il il
not within their province to disallow his
bills but rather to obtain redress In prose-
cution for malfeasancc in Office. such il
the intention Of the law snd tho epiniou II
further sustained by numerous decisions BY
superintsndents and courts Of other states"
With I'll respect to the high authority
from which the above emanates, beg 70 re.
cord IN earnest and emphatic protest against
such ruling, on the ground that Il IL con.
traxy to the spirit and intention Ct the laws
male and provided for the instruction and
guidance Of county commissioners in the
discharge Of their Official duties and an un.
wsrrantabls eucroachmsnt on the special
privileges granted them BY the legislature
and confirmed By numerous dscisi"ns Of ouR
courts. viz: That they are guardians Of the
interests Of their county; that they sre .
board Of audit 70 adjust with authority all
claims Of what ever kind or nature, that may
be presented by any person against such
county; that they have the experimenting
and managing Of the county finances and q
general oversight Of all the affairs that in
any way or manner pertains to the interest
Of their county; and further they are for
hidden By law to pay any moneys out Of any
public fund, until they are fully satisfied
value has been received BY their county
therefor, in goods ordered or in services
sscrssARJLT aud !actually rendered. And
there Is no sovereign power has authority by
law in this department to cosrce, to dictate,
70 review or reverse any Of their official acts
saye the District and Supreme courts and
tho will Of tho people expressed ~ the polls.
Your readers win please observe that this
dictative circular was issued for the purpose
Of cos rcing this county board to rsy our
county Superintendent 80 day and 10 ets :
mile while he was attending the County su-
psrintendents' association at Fargo. And l
unhssitstingly say that the said document
bears fraud on the face oft. Fargo Il. by
rail, 269 miles from. Bottinesu, for which
distance this circular says Mr.. Cathro shall
receive 10 cents per mile or $5l.S for the
double journey, while the ordinary railroad
fare II $3.50 for . return ticket thereby
giving him the privilege Of pocketing $50 80
on his railroad fare alons; while il Mr..
csthro ~ this document says, 10 the judge
Of his own Official acts. and had considered
It to bs his duty 70 stay in Fargo for !
month. the board would had to foot up bis
bill 1t % day. Whist glaring misnomer
Of our Laws which smphatically declare oil
accounts must b reasonable. Surely these
sxponsnts Of sxtortion are not raising wheat
and selling it 1t IS cents : busbsl ~ Ne
taxpayers are doing. @
But in justice to Mr.. Cathro let me say
that he only charged es0 out Of about $72
which this circular says hs wss entitled to
receive under tho circumstances.
And further allow me 10 submit, that this
Supsrintsndents' Association was territor-
isl institution created by territorial officials
for Janitorial purposes and the expenses in
CURED ought TO Be paid out Of tho territor.
ial treasury, - the sdusation act Of las. sss-
sion confsrs no power op the Board Of Edu-
cation to order > County Supsrintsndspt to
do any duty outside Of bis county 1t the
sounty's expense, other than to attend Un-
ion Teachers Insitutss.
And ! further submit that HAD the Legis-
lasurs given the Territorial Board the power
70 call this association together It the sx-
psnss of the various counties, 90 far ~ this
county Il concerned the aet would b
null and void. - Il would b manifsstly in
condict with the laws Of tho UnitSd States
and the Commissioners could mt have hon
ored Mr.. csthro,s bill, - section Of the
act of cengrsss spprovsd in July, 1885, and
now II fnll force and easct in Dakota, pro,
vidss thst no county in any Of the tsrr,tor-
iss of the United States shall ever become
indebted In any maansr Or for any purpose
70 exceed per csnt. of ths taxable properly
OF the county, inc.uding al then existing
indSbtsdnsss. and - II i well known that
the courts hold thsre y no exemption from
this act only in the issuing Of warrants for
Or expanding sucl sums . may b actually
necessary 70 preserve the eorporsts exist
sncs u ths county and for the dispsnsation
of isw and justice therein. end . the In
dsbtsdness of this county now ~ sxcssds
this limit, and . this association q Fargo
VAS mot sbsoldtsly necessary 70 prolong the
corporate sxistencs, nor for TIE dispensa-
tien of Justice II this county II tie board
o1dsrsd III; Cashro's bin paid think they
would y guilty d N Iaffinsenent q thia
~ of congress and wonM thereby rssd1r
lthsnsSavss liahls = = indicted ior nisds-
mAanor.
Ard allow - = ~ thaa ~ pisos " ID
yios yos e6lssd tAs cooaissi1nsrs 10 desl
with Ar. cAthso y uhsrAl spirit = - wls
- srsaasrs n - DoasA. ~ sltsgs -
Isupss1n0la
~ majosity q that DcAsd ~ - -.