The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-14
BILLS KNOCKED OUT
Auditor Winters DisallOws Quite a
Number of Them.
HE EXPLAINS BY LETTER
His Latest Communication to the
County Commissioner The
Note to the Matron Of
the Poor Farm.

The controversy going on between
the county commissioners and the
county auditor is becoming sensational,
and IL Is more than likely that the con-
fiict of authority and insinuations of
dishonesty will wind up in court, as the
latest phase of IL will make Ii necessa-
~ for third parties to appeal to the
court to secure the payment of their
claims against the county. Last month
the three commissioners put i'm a week
or two going around the county visiting
county charges and then issued an or
der striking a number of names from
the poor roll. They also made several
orders intending to take from the au-
ditor the power to issue aid without the
permission of one of the commission
ers and struck out the auditors month
ly expense allowance. Mr.. Winters con-
strued the orders as a reflection on his
honesty and integrity. On Thursday
the board made an additional order de-
fning certain alleged duties of the audi
tor. Yesterday Mr. Winters had his
inning and disallowed the commission
ers' bill of IS day eacn for services
In visiting the county poor, and their
bin were reduced to what the auditor
considered were legal claims against
the county. The bills as corrected were
returned to the board. accompanied by
the following communication from Mr.
Winters:
MY Dear Gentlemen: I deem II an
honor and a pleasure to be vested with
a right to review the modest claims of
such worthy and patriotic children:
such able flnanciers as the people of
this county have called upon to recog-
nize in the marvellous and classic gen.
tlemen now serving the people OF this
county as their board of commission
ers II grieves me, however to be call
ed upon at this time, after long years
OF love and admiration, to serve you
with appropriate authorizations in al
lowing your modest clans against the
county. Now, nothing in the world
would have the effect of giving me
more JOY or pleasure than to see such
charming gentlemen parading around
the city as an official body and a cost
to the taxpayers of Szs per day.
might say that IL would also afford me
pleasure to see your picturesque ply
siques gracing the premises at Wash
ington at an expense to the people OF
this county. But the people of this
county have neither elected you TO rep
resent them at Washington nor TO dis
charge the duties of the auditors Of
flee, while you have taken occasion to
soldier the county, criticising the audi
tor without just cause, and then ask
the county to pay for IL, at the rate OF
$24 per day.
Section 5000 of the political code.
made the commissioners superintend-
ents OF the county poor. This section.
however, was provision OF the origin
al code before amendments. Section
1859 of the political code is an act in
corporated into the political code and
charges the county auditor with full
supervision OF the county, subject to
some consistent rule of the commits
sioners. 1t is plain to be seen that UNI
fo
duties of the auditor are i'm conflict
with the duties of the commissioners.
We will look to section 51S4 of the polit-
ical code for an appropriate remedy.
Section 51S4-If any OF the acts or
parts of acts incorporated into the
code; included the act creating the Of
flee of county auditor) are In conflict
with. or are inconsistent with any of
the acts or parts OF acts of the original
codes, the acts On parts of acts incorpo- '
rated into the original codes shall be
construed and considered as amend
ments to the acts of the original codes
whose provisions they arg i'm conflict
with. II being intended hereby that all
OF the acts or parts OF acts Incorporated
into the original codes shall be the law
of the state OF Montana on the respect
i've subjects. From section 51Si IL Will
be seen that the law vesting the SUPER
dntendency OF the county poor with the |
commissioners has been repealed, and /
that, under the existing laws, the audi |
tor is superintendent of the county /
poor. Webster tells us that a superin-
tendent Is one who has oversight and 1
charge, with power OF direction.
Il therefore conclude that l am legal ]
superintendent OF the poor with power 1
TO direct who shall receive aid from 4
the county and the amount that each 1
charge shall receive. / also conclude :
that in acquiring your claims against \
the county you attempted to DISCHARGE /
the duties of another official, without /
accomplishing any good and with the
express intent OF injuring the name OF /
the auditor. and attempting to acquire
the good will Of the people by misrep-
resenting conditions
Your bills have been reduced to the
amounts justly due you for your SER
vices TO the county while engaged in /
discharging the duties of your Office.
The reductions represent the amount
you claim for attempting TO discharge
the duties OF my office, without ability
or authority"
The auditor also greatly reduced the
monthly bill OF the road supervisor and
attached to IL the following eNplana-
ton: My action in reducing the claim
OF w. NJ. Bowen, road supervisor and
brother-in-law of David ]. Charles.
chairman OF the board or county COM
missioners. is simply in compliance TO
the law creating his office defining the
duties and affixing the compensation
therefor. Section 26S0 OF the political
code provides that the board OF com
missioners may appoint a road super
visor. whose term OF Office shall be one
year. Section 1868 of the political code
provides and reads as follows:
The road supervisor may be allow
ed as compensation the sum or SO a dav
for each day employed in performing
the duties required by this chaptcr'
Section 1882 reads as follows: The road
supervisor snah receive for his services
The sum Of Sc a day for each service
performed by him. and shall not draw
pay for over 100 days IN any one year
Secti IN 2644 OF the political code reals:
All contracts. authorizations. allow
ances. liabilities. made or ATTEMPTED