The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-22
JUDGMENT REVERSED
An Important Decision in Favor of
the Commissioners.
AGAINST AUDITOR WINTERS
He Refused to Allow Claims, and
Judge Mediation Looked into
the Matter and the Codes
The Bills Allowed.

In the great catch-as-catch-cal
wrestling contest between the board o
county commissioners and County Au
ditor Winters, which has been going OF
Tor some time, the commissioners won
fall yesterday, Judge Mediation acting
as official referee, deciding I'm their IA.
vor the argument between Winters anc
themselves regarding the payment OF
their salaries for April.
IL Will be remembered that when, ear.
~ In the month, the commissioners un-
dertook to draw their wages for April
. they found the auditor standing be-
tween them and the cash box to the
extent OF a portion of the amount they
claimed was due them. The auditor
claimed that the amount demanded was
excessive and not commensurate with
the labor performed, and promptly
placed the seal of disapproval on the
bills. The commissioners said little
about the matter. but promptly submit
ted the matter to Judge Mediation and
asked him to spend a portion of his
spring vacation in completing an opin-
Ion on the question at issue. The opin-
Ion was rendered yesterday and read
before the board of commissioners at
the afternoon session. 1t is as follows
ITO the Honorable Board of County
Commissioners OF Silver Bow County
Mont, Gentlemen:
Il have examined the respective
claims OF David J. Charles, John T..
Lloyd and Savin Lisa, for services rem
dered during the month of April, 1896,
as members of the board of county
commissioners, which We're disallowed
IN part by the county auditor and
which were afterwards submitted to me
for official examination and action,
These claims. with my action thereon.
are herewith returned. The claims are
made out and verified, according 70 law.
The number of days which you are
permitted to sit In session as a board
or county commissioners during any
month is not limited by the provisions
or the code. as was formerly the case
under the statute. In this county the
meetings and sessions of the board Of
county commissioners are limited to
such time only as may be necessary to
the full discharge of the duties of the
chief executive authority of the county,
government. Your meetings cannot
cover more time than this necessity re-
quires, but they should consume no less
That measure of time, therefore, which
shall be necessary for thorough exam
tnation and conservative and business
like decision and action in all the coun-
tvs business interests and affairs which
come within you authority is yours to
employ In your capacity as a board of
county commissioners and for which
the members thereof are entitled to be
paid out of the funds of this county at
the legal amount per diem.
Your representative claims for ser
vices upon their face appear TO be legal
claims against the county and entitled
to be allowed and paid. 1 say they so
appear, for / must presume as matter
OF law, nothing appearing to the con-
trary, that each of the members of the
board has performed his legal duty, and
n lie old In. L. A1-
rights, resulting therefrom. C. Q. John
son, the county clerk of this county.
has, at my request, kindly furnished for
my inspection and information a certi-
fled statement which l attach hereto
showing the time which the board of
county commissioners was In session
during the month Of April, 1896. and the
number Of days each member was in
attendance thereat, together with the
mileage chargeable. This statement ac-
cords with your claims.
Attached 10 your claim, as presented |
TO me. find a typewriter communica- |
tion addressed To the board of county |
commissioners signed by the county au- |
ditor and giving his reasons for having |
reduced your bills. The uncommon |
character OF this remarkable communi- |
cation caused me TO inquire from your, /
honorable board why that official had |
disallowed the sum of $24 on each BILL
ahd hHNi Whit DuSlntSS the board WAS !
engaged during the time represented
by the amounts disallowed. You in
formed me that you had been unable TO
get necessary Information from the au-
dltor regarding matters pertaining TO
the care of the poor OF the county and
Were therefore obliged to continue the
board I'm session for three days longer /
than would otherwise have been neces-
sary In order TO obtain this information
Tor yourselves. i am advised by this
communication and your statements
that there is a great lack OF harmony
or action between your board and the
auditor and dispute as TO duty and
authority in many If not all. matters
pertaining 10 the care of the Door OF
the county. Were IL not for this fact
ana that IL becomes my duty in passing
upon the claims presented 10 exercise
the right OF review over this action OF
.ne auultor In dlsallowing them i'm part, |
would not notice his communication /
IN former matter / defined the |
purpose OF section 4566. political code.
WIN reference TO the powers Of a dis |
trict Judge TO order claims against the
county paid. / then said that the pur- !
pose or the statute was to vest the
Judge or the district court with the {
power OF review over the action OF the
COUNTY auditor In disappearing
claim against the county TO the end {
mat persons having valid claims I
against the county might not b, nut TO
unnecessary trouble and expense by
reason OF disapproval OF the Same
by the county auditor arising from ar
oitrary action or "a mistake in iudg-
nent on his part and that the county |
)e SHARED needless litigation. Speaking =
urther at the time I said: IL is only q
Vhen II clearly appears that the claim {
which has been disapproved by the !
county auditor is a properly presented. q
egal one against the county that the
Judge should interfere to order IL maid"
In the matter OF the present claims. 6
must reverse the order Of the auditor.
isapprove his reasons and condemn
is communication. Judged by his
Communication his action seems to .,
ave been largely Influenced by per y
Dnal enmity and by motives which =