The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-22
Butte Department.

mary greatness on the part of any one
Inc public's generosity and recipient's
needs In the matter alike demand we'll
timed, Just and transformations action
Inc action of public officers should be
tree from the influence of bias or pre-
Juulce, and the display Of malice by
public officials is always at the sacri-
nee or some duty. Official action de-
serves to have as it's potential force So
| prlety, honesty, industry, good tudg-
ment and courteous conduct / regret
that the necessity exists for restating
the things which public intelligence
universally recognizes and demands
IRON public officials. With these OBJ
servations leave this feature Of the
auditors communication and pass to
the more pleasing ruty of discussing
the respective claims for authority of
your honorable board and the auditor
over matters pertaining to the care of
he poor of the county and Indicating
20 you the law and your authority
Hereunder.
The auditor asserts that he is the
county superintendent OF the poor.
This is true; he is designated by the
code, section 1863, political code, as fol-
lows: The county auditor hereby Gre
ateu is also made superintendent Of the
poor, whose duty IL shall be, under
such rules and regulations as may be
prescribed by the county commission
ers, TO care for and examine all claims
that may be made upon the county for
oharlty; also TO have, under the direc-
ton of the county commissioners, gene
raj supervision of the county poor house
farm. But this very section limits his
powers lie Is not a superintendent of
the poor with full control and absolute
power to act as he may wish, in car
ing for the poor or dispensing the
county's charity. II seems that he does
not assert as much and by no means
can he legally claim to possess this
power. The section of the code above
quoted defines the extent of his author
lty In this behalf as briefly and plain
ly, IL seems to me, as II could be stated
III 1t is necessary, however, to state
more in order to settle this question Of
authority, call attention TO the follow
ing sections of the political code of
Montana: 3201-3-4-5-6-7-S-g- 10 = IL 12-
1913. Those provisions are all In eff
feet. There is nothing contained in any
OF them which substantially conflicts
with section 1863. above given. The fol-
lowing duties of the board are further
defined by the following sections OF
same code, section 1890, subdivisions %.
%. 25 6. and /.
Il trust IL will clearly appear from
the foregoing observances and code
provisions that the primary and su-
preme power and duty of dispensing
the county's charity and the care OF
the county s poor is vested in and de-
wolves upon the board of county COM
missioners; that the auditor is a pub
lie servant subject In his actions with
regard therefore to your authority,
bound to assist and serve you therein
In the capacity of superintendent
ahadIanf fn ova
as you have established or may here
after establish for mis- guidance and
the government of his actions II is
not within his authority to question
such rules as you may have establish
ed or may hereafter establish. Your
is to direct; his to obey. /
have considered the complaint of the
board that you have been unable to
obtain necessary information from the
county auditor concerning matters per-
aining to the care of the poor of the
county. on this point, call your at
ention, without expressing any opin-
on, to the following provisions of the
political code: 1882 and 42s3-and again
o subdivision 1of section 1890. Should
my question arise as to your authority
" duty under these provisions the
county attorney will no doubt advise
'ou on the subject.
ION account of the importance OF the
interests involved in this controversy
md the universal knowledge of the in
lbility of your honorable body and the
ounty auditor to agree upon the mat
ers pertaining to this subject / have
aiken the trouble to point out the law
which governs and to indicate to you
nd to the auditor your respective
lights and duties hereunder, to the OBJ
ervance OF which. am sure, the pub ,
c as well as myself expects and
waits your prompt and willing obedi-
nee. In conclusion hereby order that :
ach OF said bills or claims be allowed /,
nd paid for the amounts therein stat !
d."