The Savannah morning news., 1903-01-09
WON'T PAY THE BILL
COMMISSIONERS SAY COUNTY Is
NOT LIABLE FOR EXPENSES
OF SPECIAL ACCOUNTANTS
WHOM GRAND JURY EMPLOYED TO
EXAMINE BOOKS.

to Enforce Payment of Their
Have 10 Enforce Payment of Their
Claim or Do WithOut-BiII Amounts
to S3Oo-Cnse May Go to Supreme
Court-Chairmnn of Committee ON
County Officers says Grand Jury
Secured Services of Accountants
Under Direction of the Court.
The County Commissioners have de-
lined to pass for payment the bill of
Mr. Gaudry and his assistant,
Mr. Tyson, special examiners APP
pointed by the grand jury's Com
mittee on County Officers. who made
an examination of the records and &C
counts Of the county officers a short
while ago. The payment was declined
on the ground that there is no legal
liability of the county for the bill. The
order declining the payment of the
bill was passed at a meeting Of the
board yesterday afternoon.
The amount of the bill is $500. The
attitude of the County Commissioners
toward the payment of the bill for the
special accountants services has been
known for some time. though it was
not known that the board would de-
cline the payment of the bill. In fact,
before the accountants were appoint
ed. the special committee of ;he
grand jury was apprised that
some opposition to the payment of the
bill would be made, and proceeded to
appoint the experts only after having
been assured by the court of its
right under the law to make the ap-
pointments.
1t is not known what action the ac-
countants will take toward the collec-
tion of their bill for services. They
were engaged in the work for two
weeks, or more, during mich time
they made thorough examination of
the books of the tax collector, tax re-
celVer, county treasurer, county sheriff
and County Commissioners. When
their services were completed they
made their report to the grand jury
committee. who, after an investigation
passed the bill for payment
Writ of Mandamus
1t is not at all improbable that the
matter will be finally determined in
viii probably employ counsel and at
tempt the enforcement of their claim.
In that event they will have one of
two courses TO pursue-either to have
writ of mandamus issued against the
commissioners, or to sue on the bill
In the event the former method is erh-
ployed. there is little doubt but that
the matter will find it's way to the
court of last resort for final determi-
nation.
Judge Barrow's position in the mat
ter has already been clearly defined in
his repeated charges to the grand jury
in which he has told them that the
law allows the grand jury committee,
If in their discretion it became neces-
sary, to employ expert accountants to
examine the records of the county In
fact he has commended them in their
action in so doing
To the Supreme Court.
The county attorneys view of the
law has been as clearly outlined in
the opinion which he gave to the COM
missioners to the effect that the county
is not liable for the bill. Should the
matter come before the court by man.
damus proceedings. which is the most
likely modus procendi, Judge Barrow's
ruling would undoubtedly be in favor
opposite view would be held by the
county attorney, who would represent
the commissioners.
Mr.. j. j. Gaudry was ask
ed for an expression relative to
the action of the commissioners. He
declined to discuss the matter Mr..
Tyson was not appointed by the grand
jury committee, but rather was en-
gagged by Mr.. Gaudry as his assistant
in the work. it being necessary to have
two accounts engaged in the examina-
ton.
The grand jury committee, which Sc
cured the services of the accountants
was composed of Mr.. George ]. Mills.
chairman; Mr.. James NJ. Barnard and
Mr.. c. G. Bell, Mr.. Mills, on hearing
of the action of the commissioners last
night said:
BY Courts Direction
1--WE acted under the authority of
the court. Judge Barrow charged US
that If we saw fit and in our discre-
ton deemed it necessary, we could
employ the services of accountants in
conducting the examination of the
county offices. We first made an ex-
animation ourselves, and found that
the examination by previous commit
tees of the grand jury had been done in
perfunctory manner. We reported
our finding to the jurors, and after a
full discussion, we were empowered by
them to engage the services of the ex-
pert accountants.
We thought that ii was for the best
interests of the community that such
an examination be made. The mem
bers of the grand jury had no desire
to put the county to any unnecessary
expense. They thought that the tax
payers should be appraised of the way
In which their moneys were kept and
expended, and it was for the protection
OF the public that they determined to
hire the accountants.
In the employment of the account
ants we merely did our duty as grand
Jurors. When the accountants had
completed their work, they reported the
result of their examination back TO
US. After an examination of the work
done by the accountants, and a full
discussion of the work which the ex-
animation of the books entailed. we
decided that $500 was a very reason
able amount to ask for the services
which they had rendered. According
ly we approved the bill.
The grand jury acted in accordance
with the instructions of the court.
Since the commissioners refuse to
honor the BILL it is clearly a matter
hpfxtTaon a..