Amador ledger., 1902-02-07
CLAIM FOR LEGAL SERVICES.

CLAIM FOR LEGAL SERVICES.
By the minutes of the board of
supervisors published in another col
umn, it will be seen that a claim for
$500 was allowed W. J. MCGEE for
legal services rendered in the case of
Jackson School Trustees VS.. G. L.
Culbert, auditor The suit was
brought to decide the issue whether
the supervisors had discretionary
powers in fixing the tax for school
purposes at lower rate than would
be necessary to raise the sum of $6
per census child, which the law es-
tablisheS as the minimum limit. Suit
was brought over three years ago.
1t is the duty of the district attorney
to attend to all civil litigation in
which the county is interested. He
was elected for that purpose, and
is paid a salary for such services.
Whether the supervisors have any
authority to employ another attor-
ney at public expense we are not
prepared to say. 1t is only reason
able to suppose that such power-if
vested in them at all-can only be
exercised upon the request of the
district attorney for assistance in
any particular case. However, Mr..
MCGEE conducted the suit in both
the superior and supreme courts, and
won out. The decision in the su-
preme court it appears turned on a
technicality, so that the real merit
of the controversy remains undeter-
mined.
Now for the claims for legal SER
vices. Over year ago the follow
ing bill was presented by Mr. McGee:
To legal services rendered and
expenses incurred in Jackson
school district VS.. G. L. Cul-
bert, auditor superior and
supreme courts .......... 5000 90
Money paid in above case to
assistant counsel ... 50 90
$3.50 90
Although the separate charge for
associate counsel is remarkable, still
the claim as whole cannot be said
to be extravagant. 1t was promptly
passed and paid. No doubt the sup
ervisors in allowing the bill consid-
cred it a settlement in full of all de-
mands arising out of that suit. 1t
is not usual to present bills of that
kind in sections. There is nothing
in the bill itself to indicate that it
is merely partial settlement. But
at the December meeting of the
board of supervisors the follow
ing claim bobs up serenely for con-
sideration:
To legal services rendered in the
supreme court in the case of
jackson school district ct al VS..
q. l.. Culbert, county auditor,
expenses Incurred and fees paid
associate counsel ............ $500 90
The same ground apparently was
covered by the previously allowed
claim. The law as it now stands re-
quires that claims against the coun
ty be first submitted to the district
attorney for his Endorsement as to
whether or not the same is a legal
charge. This $500 bill is not in
dorsed in any manner by the district
attorney. The plain inference is
that he could not recommend it as
a legal demand. True, he did not in
express words disapprove it. Nor
does it appear from the minutes that
he appeared before the board and
opposed the bill. The law imposes
this duty upon him in regard to all
claims which in his Judgment are il
legal. But the fact that it was not
indorsed by the proper officer ought
to have raised sufficient presump-
tion to have caused its rejection, un.
less that presumption was overcome
in other ways. The bill was with
drawn at the January meeting, but
was brought forward again at the
meeting this week and passed, and
in few minutes thereafter the war
rant was cashed in the treasurer's S
office. A protest would inevitably
have involved suit in court for its
collection.
Thus the sum of $3.50 has been paid
for this litigation. Not only special
counsel, but an assistant special
counsel, whose name does not ap-
pear, has drawn money from the
county treasury for legal services on