The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1897-07-03
The Mayor INST Sign Warrants Ordered
Drawn by the Council.
THE MONETARY COMMISSION.
The MINIS Of India to BE Re-Opened-
Idaho's Product Of Colo and Silver
ia iS96-TwO Quarts Of Gold From
Louise Creek.

John G. Rice has won his case
against Monte b. Gwlnn. The 6pin-
ion of the supreme court was filed.
1t is by Justice Huston, CHIEF Justice
Sullivan and Justice Quafles concurr
ing. This case was brought to compel
GWlnn, as mayor of Caldwell, to sign a
warrant ordered drawn in favor Of Rice
for legal services, Caldwell organized
as city of the second class under the
act ofthe second session of che lepisIa-
ture. On April 81, 1896, an action was
begun in the district court to test the
validity of the organization. Tt was
decided that the Organization was in
valid and that the officers of the town
OF Caldwell were entitled to the places.
The CITY officers determined to an,
peal, but John It. Morrison, who had
been appointed city attorney, refused
to prosecute the matter in the supreme
court. lie was one of the town tr;7s-
tees. Mayor Gwinn then, by direction
OF the council, employed Rice to attend
to the appeal, agreeing TO pay him $50
The supreme court reversed the lower
court, holding that the city organiza-
ton was legal. The council allowed
the claim of Rice and ordered a war
rant drawn in his favor. Mayor
GWinn refused to sign the warrant.
holding that the claim was not legal
claim against the city. A mandamus
suit was brought against him and this
WAS decided by the district court in
favor of Rice, and this judgment is
affirmed by the supreme court.
In passing on the case the supreme
court says; There is but one question
in the case, Has the mayor the right or
authority to negative or defeat the ac-
ton of the council by refusing to per-
form the purely minister al function of
singing warrant when the issuance
OF the same has been ordered by the
council?
1T is contended by the appellant
thaG the employment of an attorney to
represent the city must be made by spe-
cial contract, which must be evidenced
by the records Of the council, and it is
upon the alleged want of record of a
contract with the respondent that the
appellant mainly relies in his conten-
tion in this case.
"We cannot find any support for this
contention, as applicable to the facts
of this case either in principle or au-
thority.
"IJ is enough that the officers of the
city saw fit to prosecute the appeal, and
they further saw fit through their may
or, to employ the respondent to conduct
said appeal on the part of the CITY,
That in such employment of respond
ent some of the technical details may
have been overlooked, or that such en-
ployment may have been technically
may be conceded, still it is
that the services were rend-
cred, and that the appeal resulted in.
the reversal of the Judgment of the
district court and the establishment of
the corporate identity of said city of
Caldwell, and further that, after such
Judgment of the supreme court, the
city council of the said city of Cald-
well, to-wit, on the 7th day of Septem-
Der, 1896, allowed the claim of respond
ent for said services as per said agree.
ment with him made by said mayor
under and by direction of said council"
The court says that the right to en-
ploy council under the facts as found
in this case was inherent in the CITY
council and that irregularity in the pre-.
liminary steps would not be sufficient
to defeat the claim in the first instance,
bat the body upon which the law has
imposed the duty Of passing upon or
allowing the same have acted, have
allowed the claim and ordered the war
rant for the amount to be issued. AS