The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-04-02

auditor 10 audit all claims against the county
| except such claims as are made certain and
drawn therefor; all OF which, however, Is sub
1ect TO the provision that the Judge of the dis
srlct court OF the county where any claim has
der the payment OF the same
| 10. Is IL legal for the county commissioners
| 10 make orders allowing any deputy or assist
ant to any OF the county ON ,ers a greater com
pensaton for his services TO the county than
300 per month? IL IL is. why is 1t?
| Answer. Instead Of quoting the statute upon
| the subject To you I'm reference TO the compen-
| satlon allowed TO deputies. | refer you to the
when should be paid is ser forth. with the ex-
| ceptlon OF the two county attorneys. and with
reference to them. refer you TO my answer TO
II. is it not legal for the auditor to dIsallow
| such portion OF any bill which may be presented
| TO him for adjustment. either for material sal
| airy or otherwise, as may be IN excess OF the
amount expressly provided for by law. (even
| though the commissioners order be 10 the con-
| trary)? II not. why not?
Answer. Perfectly legal. and your duty to
dsallow.
II Is it legal for the county commissioners
| to make an order designating what number OF
| hours shall constitute a days labor for men
! employed by the county on the county roads.
Nhen such order Is contrary TO the specifica-
| lions prescribed by the statutes? II IL is. why
| is il?
Ans. Any order or contract made by the
county commissioners contrary to the statute is
| illegal and void.
! 10. Is it not legal for the auditor to disallow
| any and all bills presented by the county cont
missioners for services or to dsallow so much
thereof, that may be in excess OF S. per quarter,
| and such additional charges as may be made by
the commissioners for mileage in travelling to
and from. the county seat during each stated
! meeting OF the board? II not. why not?
Ans. The county commissioners determinc
are not allowed compensation for over ten (lO)
days service at eight (SS) dollars per day during
any one term
Il. Is it legal for the road supervisor to en-
ploy men and teams to build and improve
county roads, at an expense TO the county. eX-
cept by written order OF the board OF county
commissioners. regularly passed by the board
at one of their regular meetings and specifying
Just exactly what portion of the roads Is to be
improved or repaired. the nature of such I'M
provements or repairs. and the number of men
and teams that may be employed 10 execute the
same? II il i. why is il?
Ans. The road supervisor when directed by
the county commissioners shall proceed 10 per-
form those duties enumerated in your query.
and Is empowered to employ suitable laborers
and teams" the number of which and the price
paid therefor to be certified by him TO the
county commissioners. The method to be puT-
sued by the county commissioners In their di-
rectlon TO him would ordinarily bs by regular
order of the board at one of their regular meet
ings except in case OF anything urgent. In which
case they would have the authority to Il rect
him whether the meeting be regular or irregu-
lar.
10. Is it not legal for the auditor to disallow
any and all bills against the county for road
work, when such work was not executed in COM
pliance with the law which provides how and
to what extent the county may invest In the I'M
Ans. Ii is legal for the auditor to disallow
any and all bills against the county for road
work, or any other work, when 1t is not execu-
ted in compliance with the law; in other words,
1t is not legal for you to do anything illegal,
which seems to me to be self evident.
10. Is il legal for the county commissioners
to draw two DAYS pay for one days actual
services? III IL is, why Is IL?
Answer. Your query answers itself.
IL. Is IL legal for the county commissioners
Of this county TO build bridges and roads In
BeaVernead county at an expense 10 this
county, when they have not shown by any mat
ter OF TACT, wherein the travelling public of this
county could possibly derive any benefit there
from? IL it Is, why is it"
Answer. | do not understand that at this
time this query is pertinent yet i'm ease Il should
arise In the future, will say, that | know OF no
statute which authorizes the county commits
sioners TO build roads in Beayerhead county,
any more than l. authorizes them to build roads
in Australia
Is Is it legal for the county commissioners
OF this county TO eNpend the county funds. in
manufacturing and building electric railroads
for private corporations? II 1t is. why Is {?
Answer. As in the last above. | fail To under
stand tla. the query is pertinent, however il
the county comm ssOners should presums to 70
into the business o. manufacturing electric
corporations, Nol viii be justified in disallow-
ing the accounts for such materials and labor
10 Is II legal for a member OF tha board OF
county commissioners 10 act as lobbyist in
urging the payment OF a fraudulent biil out of
the county funds, and through the very much
questioned anu highly assuming authority of
this county? If It is. why Is II"
Answer a member of the board of county
commissioners in his private capacity has
right 10 lobby on sucl bills he ;es fit, but 4
he should engage in the business of a lobbyist
and urge the payment OF "A fraudulent bill ont
OF the county funds h. would surely be subject
10 considerable eensure, but l do not under
stand that this is matter wherein my official
action can be desired unless il should arise that
the commissioner should present "A bill and
claim against the county for such services, in
which event you would certainly dsallOw the
claim. whether his labors as a lobbyist were in
hfalN nf
query In II 5 moral view is based upon the prom
Use tnat the account urged was afraudulent enc
which promise may be true false and can
only be determined by a judicial proceeding.
COZ. Is II legal for the county commissioners
TO purchase , and keep balky horses az the ex-
pense OF the county? If IL is, why is IL?
Answer. am not an expert upon horses
The county commissioners have authority and
power at certain times and for certain purposes
10 purchase and keep horses, and | presume
that the question whether they prefer n balky
or runaway horse is one for their discretion
upon which my opinion should be desired
(2D. Is it legal for the county attorney to en-
poy assistants az an expense to the county? IL
IL Is, why Is 1t"
Answer. Section s4j OF the compiled statutes
as amended by the sixteenth session. held in
1859. provides that such other counsel as may be
thorized by the board Of commissioners may be
employed. Respectfully.
MELVIN l.. WINES, County Attorney
while the auditor was getting OPINIONS |
as TO the legality of certain acts of the |
and the district court, the |
commissioners we're raising more ques- |
tions by making an order knocking out |
Mr.. Winters allowance of Si5 a month |
for horse hire and other expenses. A |
new order was made that hereafter the |
auditor should not contract any travelling |
expenses in the discharge of his official |
duties unless authorized by the board and |
on written order signed by the chair |
man. Heretofore the auditor has had |
under his absolute control an emergency /
fund and recently the commissioners |
to that fund $500 from the |
poor fund and $500 from the road fund. /
To-day they rescinded the order trans
ferring the money and took the emer-
gency fund out of the auditors control.
On top of all this they established a |
new set of rules defining the duties of the |