The daily journal. (Salem, Or.) 1899-1903, 1901-05-09

cousidered an independent oficer, ior /.
uhose acts the board are in no Way
responsible. ile is the mere sgent or
servant ol the PENDANTS, supposed 70
he acsiBg under their Immediate oDser
,.,iop and direction. AND THEY ARE
PERSONALLY RESPONSIBLE FOR
THF CONSEQUENCES or HIS MS
Z toNDUCT, II ANY, n 1T COULD
pAVE BEEN PREvENTED By THE
EXERCISE OF ORDINARY CAkE
on THEIR PART, NOT ONLY IN HIS
oRTGISAL SELECTION AND I'm
PDoYMEST, BUTGS THE REASON.
ABIF OVERSIGHT OF HIS WORK
AND CONDUCT FROM DAY To-
DAY"
So Judge Deadly decided that the
hoard under the old law bad the right
~ employ clerk and empower him
not only TO RECEIVE MONEY
BUT TO PAY 1T OUT. And he directly
held that the members Of the board
w.re reqnired 10 exercse sonabie
care in selecting the right sort Of man
Tor clerk ard b. exercise "REAsON
ABLE OVERSIGHT or HIS WORK
.AND CONDUCT FROM DAY TO
DAY" In other words, they we're TO
make an honest effort 60 get the right
.ogt Of clerk and then 20 watch bis Tork
and conduct daily 10 see that be per
formed his duties honestly and correct
ly. and II they failed to do that they
aoold be guilty Of negligence and be
liable 20 all damages resulting 70 the
state therelrom. In the opinion re-
ierred 20 the learned judge iur'her says
an this point:-''The defendants (the
board while acting within the scope Of
their general jurisdiction ~ authority
are only responsible for good faith and
ordinary care. BUT FOR ACTS DONE
NOT IN GOOD FAITH OR WITHOUT
ORDINARY CARE THEY ARE PER
sONALLY RESPONSIBLE" This
last citation states the law in a nut
.bell. The board must act honestly
and with reasonable or ordinary care ia
the management and oversight OF tins
business Of the board, and they mus
observe the work and conduct Of th'
clerk "from Gay 10 day, and see or at
tempt 70 see that he acts honestly.
Judge Deadly adds'-"But It car
hardly be said that the defendants tth,
boardl exercised ordinary. If any, car
in the selection Of the clerk employed
by them during the eight years covered
by these transactions OR in THE sU
PERVIslON OF THE PERFORM
tANCE OF HIS DUTIES
In the case Of the Davis defalcatio
can il be said that the board acted wit
ordinary or reasonable care in fixing tn
amount Of the bond which he gave an
they approved, for the performance
his duiies2 They fixed 1t at 500
when the deialcation exceeds s3O,OO'
less than one sixth Of the amount OF IL
dsialcation. Now II was the duty OF Il
. hoard 10 Tx II high enough 10 cover an
/, amount OF money that he might y
< ln his hands, and II was their duty
know what he WAS ldoing and To e.
)" anime HE books from tune to time TO .
. that they agreed with the ire
n urer's books, but they d
q nothing OF the kind One OF 4
board said in an interview, that th
never checked up his accounts becau
y they knew the legislature always h
J. the clerks books examined. Now "
n this keeping an oversight OF his va
" aud conduct from lay 10 day as requir
n, by the law, according 10 Judge Dead
, Evidently not The very fact that he
y" deiaulter In the sum Of more III
b. $50 900 aud that the board never d
covered any deficiency and never co
cd pared his accounts with the treasure
10, books to see whether they agreed OF
shows concluSiyely that the board
'' not exercise reasonable or ordinary
ue ia the transaction Of the business OF
~ state, and taking these matters In G
Ate nection with the fact that the bond
- quired OF him by them ia less than q
sixth Of what II should have been,
'V' have q ease Of gross negligence resnll
OF in loss 10 the school children OF
be state Of more than t25, 900, aud d
ton a hose negligence caused this loss Hh
,h6 be compelled 10 make the loss good
Chadwick aud Brown we're compelle
make good the loss caused by the ac
r. n. Cam more than ~ years
lE Che legal principle involved is th
negligence Of administrative officers
when the late Gen Nesmith heal
= Tom Cams deialcation he rema
that the school funds had best be br
- or they would all be stolen.
:, Tom Caun left the state, changed
=, party affiliations aud became a p
49,, Official at seattle, lie remarked
:. friend that the Democratic party
:, become 30 corrupt that III cou
- longer remain la IL. What has be'
pr oi Mr.. Davis, DO not know.
-, DO not think that the fact tha
-, 80 Law requires the clerk 10 give
has the effect 10 relieve ;he d
" ~ bers OF the board Of responsibllii
tf,y his acts, because their liability del
- : on their being guilty Of uegIigenc'
they acted honcslly and whh reasol
carriulness, thoy cannot be held
- they 40 not, they should be-.
""'' Jusrt