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

lotdl ....... .S6SS, 23) 03
Assessed valuation of all real and per-
sonal property in the county for the year
1894, SO, 5O4 .593; rate of taxation. state
purposes, 2% mills; stock indemnity, 70
mill; stock inspector and detective, u
mills; school, mills; school district No.
1, special. Is mill; county purposes, AZ
mills; poor purposes, / - mills; road pur-
poses, / mill; sinking fund. x mill; total,
17% mills. City of Butte, x mills; city
OF Walkerville, mills.
Delinquent tax list, including the delin-
quent list of the cities of Wakerville and
Butte, for years 1891, S44. 20353; 1892, $50,-
605.72; 1893, 81, 652.36; 1894. S63, 1850.
The extreme pleasant relationship ex-
listing between County Auditor Winters
and The board of commissioners again
manifested itself to-day in a number of
orders made by the board .curtailng the
power and discretion of the auditor. The
latest cause for the exhibition of the har-
mony existing between them was a series
of questions which the auditor submitted
to the county attorney for opinions, some
of which questions reflected on tho COM
missioners aud other county officers. The
attorney gave his written opinion to-day
and 1t was submitted to the board. The
questions and answers, while not of mo-
mentous Importance. are interesting and
amusing. They are as follows:
BUTTE, Mont, March 3Oth, 1895
Hon; W. H. Winters, County AUDITOR, BuHic,
Montana.
DEAR SIR:-Your inquiries herein enumera-
ted, reply to as follows:
l. Is II legal for the auditor to have an as
sistant, at any expense to the county OF 500 per
month? IL not. why not?
. Answer. Ii is not legal for the reason that
there is no statute providing for the employ
ment OF an assistant Tor the auditor.
?. Is it legal for the county commissioners To
sit and transact county business for longer
period Than eight days during each quarter? IL
II Is, why Is IL?
Answer. 1t is legal. in this they may trans
act business but cannot draw pay therefor.
3. Is IL legal for the auditor to issue orders to
paupers for transportation, an use county
funds for the payment OF the same? II not,
Answer. The auditor has no authority to
issue orders TO paupers except when directed by
authority whatever to dispose Of or handle the
funds ofthe county at all
4. Is it legal for the judge of the district
court 10 order the payment OF bill out of the
county funds. when such bill has been presen-
ted 10 the auditor and disalowed; dsallowed
because i was illegal In every sense of the
word" IL IL Is, why Is Ii?
Answer. IL is legal for the Judge of the dis
tret court u order the payment of a bill dis
allowed AIS, by the county auditor, he being given
this power expressly by statute; however, II the
bill In itself Is illegal, of course his action
would not stand the test of law, in other words,
he has the power TO allow or disallOw "A bill,
yet II the bill is illegal very naturally il follows
that his allowance OF the bill is illegal.
>. Is the auditor not superintendent OF the
county poor, With power OF discretion to act in
all matters relating thereto. and subject 10
rules and regulations which were definitely
laid down by the commissioners during the req
uar session of the board? III not why notp
Answer. Your inquiry is contradictory. You
ask, is the auditor not superintendent of the
county poor tfirSt) with power and discretion 10
act in AL matters, and. (second) subject to rules
and regulations which may definitely be laid
down by the county commissioners during the
regular session OF the board. reply that the
auditor is superintendent of the county
poor, and has under the direction OF
The county commissioners, general super
vision the far
and that IL is made his duty under such rules
and regulations as may be prescribed by the
county commissioners, 10 care for and examine
all claims that may be male upon the county
for charity.
6. Is ID legal for the sheriff to deputze a per-
son 10 act as lanltOr. page, chalr-warmeE or TO
act for the county in any other capacity than
that OF deputy sheriff? II il is why is III
Answer. The sheriff has power 10 deputizs
persons to act rs deputy sheriff only. and II
there is any appointment ofrecord. naming any
person TO act as Ianitor. page or chair-warmer,
of course that appointment IS Illegal.
Z. Is il legal for the auditor TO use the county
funds In redeeming road aud poll tax receipts
which have been issued 10 persons by the road
supervisor and assessor. aud money collected
by said supervisor and assessor contrary to law
II not. why not:
Answer. IL is not legal for the auditor to use
for the reason that the law creating MS once
cannot be construed TO mean that he Is "A dis
bursing officer in any sense OF the word
:. Is il legal for the road supervisor TO collect
more than = per DAY Tor his services 10 the
county II II j., why Is IT,
Answer The law provides as follows: .The
supervisor shan be allowed a compenSafton
the sum Of three fs3 00l dollars for each day
" hile employed In performing the duties re- |
quired by this act, 10 be allowed bv the county
on presentation TO them OF |
vouchers showing the number of days sworn TO |
l'y the supervisor.
2 should not all bills against the county
have the approval % the county auditor before
any warrant should be drawn or the counfy /