The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1893-11-03
TIT SCHOOL TRUSTEES.
county Attorney Freeman Reads lie.
gal Opinion On the SI.25O Deal
With Palmer.
lie recommends the Prosecution of
President Hanks. EN-Trustee Prem
tiSs and See. Tcrlunp.

Inc school trustees held their regular
weekly meeting last night and the fol
lowing trustees were present: Mrs. Ladd
wright, Gockstetter, Kellison; absent
Hanks, Cooper, and Atkinson.
Mr.. Wright acted as president pro tenn
The vacancies In the several commit.
tees were filled, as follows:
building COmmittee-Atkinson.
Teachers Committee Cooper.
Auditing Committee-Atkinson.
MISS Sarah Conner and Miss Rawson.
assistant principal of high school. were
appointed to give instructions in vocal
music in the South side building. as
Miss McGloilin had declined the an
polntment given her at the last meeting
Of the board.
several minor matters were discussed
and referred to the appropriate commit.
tees.
County Attorney Freeman. to whom
the report Of the board of trade commit
tee relative to the $3.50 contract with
IL. Il. Palmer on the school bond sale
was referred, was present and read the
following legal opinion:
To the trustees of School District No. /
Cascade county, Mont.
Dear Sir: In reference to a repor of
the Board of Trade recently submitted
by your honorable body to the county
attorney for his opinion, therefore he
respectfully submits the following.
1t appears from said report that tbe
warrant for S1,2j0 drawn in favor of II.
Il. Palmer, was issued by the clerk with
put having received n authority for so
doing by the school board and also in
face OF the fact that the alleged contract
between Palmer and the school board
expressly states that the $3.50 are TO be
paid when the bonds arc taken up and
paid for, which has not yet occurred
Thus we sec that the clerk had no au.
thority or right to draw said warrant
nor had the chairman of the boari anv
right or authority to sign said warran;.
IL was an act outside the scope of their
authority, whereby the school district
was prcJudiced to tho amount Of S1,25O;
and ] am therefore of the opinion that a
SUIT can be successfully maintained
against the clerk, the chairman of the
school board, and Mr.. Prentiss for the
full amount of Sl,2JO %.
The contract being what is known as
entire contract it is null and void, in
the opinion OF the county attorney, for
the following reasons, leaving out the
question of fraud:
/. The report shows that Henry Prem
LOG t4ral IntnnnrtAl -. Ill
he statute expressly provides that no
trustee or school officer shall be directly
indirectly interested in any contract
made by the board of which he is a
member; and any contract made in vic
alton of this provision shall be VOID.
=. The law does not authorize a school
board to enter into an agreement with
person to pay him a sum of money
or guaranteeing a sale OF its bonds.
This being a part of the consideration of
he contract and illegal, and the con.
ract being an entire one, the law is that
where part of the consideration of an
'ntire contract is lega. and part illegal y,
here can be no recovery whatever upon |
he contract, but do not wish to be S
as believing the rest of the
consideration to be all legal or good. 6
ms then with the surrounding facts ,
nd circumstances leaves no doubt that l
he contract is illegal and void. {
As to the criminal proceedings all &
hat need be said is that it is the duty ,
the school board if it has reason t. '
'Ilcve that any person or persons have |
elraudcd or cOnspircd to dcfraud their v
out of school funds properly DO q
TO IT, to institute criminal pro #