Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1906-03-01
Il Knock Out Blow!
Williams Decision Against
The Bank of IpontOn. $

B.. B. Reagan ct al.
vs. Tin the Circuit Court of
The County Court of Iron Iron County, Mo-.
County ct al.
The Plaintiffs, by their petition in his case,
and in their capacity as taxpaying citizens
OF Iron county, Missouri, ask this our for
a mandatory Injunction to restrain and en-
Join the County Treasurer OF said county
from hereafter depositing the county funds,
or district school funds or capital school
funds, or any part thereof, OF said county, in
the Iron County Bank, under and by virtue
OF an order of the County Court OF said coun-
ty, designating and selecting that bank as
the depository OF such funds, made on the
first day OF May, 1905, for the then ensuing
two years; to restrain and enloln the iron
County Bank from receiving or retaining
such funds, or any OF them; requiring the
Treasurer to withdraw all OF such funds az
may, by virtue OF said order OF court, have
been by him deposited in said bank; re-
straining and, enioining the County Court OF
said county from further recognizing its said
order OF May list, 1905, ana requiring 1t to
proceed, under the statute, in such cases
made and provided, to designate and select
some depository OF said funds. The petition
as originally drawn, contained no averlnent
OF any abuse OF discretion on the part OF the
County Court in the making OF the order,
designating and selecting the Iron County
Bank as the depository OF said funds; nor
did it, in terms, or by implication, charge
any Partially or improper motive on the
part OF that court. On demurrer being in
terposed, and sustained, the plaintiffs amend
ed their petition, by inserting an allegation
to the effect that the action OF the County
Court, in making the order designating and
selecting the Iron County Bank as the de-
Dository OF said funds, was arbitrary, and
without any good, sufficient, or lawful cause,
and in violation OF its duty and OF the
laW. This amounted to no averment OF any
substantive fact tending, ever by necessary
implication, to charge any abuse OF discre-
ton, or any Partially, or corrupt, or i'm
nrOnpr mntiUn on the MARI nj The County
Court in designating and selecting the Iron
County Bank as the depository OF the funds,
or in rejecting the application, and bid, OF
the Bank OF ronton.
At the time OF the amendment, counsel for
the plaintiffs distinctly stated to the Court
that the plaintiffs neither charged nor in
tended to charge that there had been any
partially or improper motive on the part OF
the County Court in accepting the bid OF the
Iron County Bank, and in rejecting the bid
OF the Bank OF %Ironton, and informed the
Court that they relied upon the sole conten-
ton that the County Court was, as matter OF
law, bound to accept the bid Of the Bank OF
Ironton, and to reject that Of the Iron Coun-
ty Bank, for the reason that the Bank oil
Ironton offered the highest rate of interest,
| and that the County Court had no discretion
in the matter, and could exercise none.
Notwithstanding the fact that this Court
sustained the demurrer to the original petit
ton, on the ground that no abuse OF discre-
ton, or partially, or improper motive on
the part OF the County Court, in accepting
the bid OF the Iron County Bank, and in re-
iecting that OF the Bank of Ironton, was al
legged, and Notwithstanding the further fact
that the amendment made it no better in
that respect, the Court proceeded to hear the
case, with the intent to order an amendment
OF the petition, to conform it to the facts
proved, so that appropriate equitable relief
might be granted, ii the evidence should
warrant it.
On the trial the evidence wholly failed to
disclose any abuse OF discretion, Partially,
corruption, or improper motive on the part
OF the County Court, in the acceptance OF the
bid OF the Iron County Bank, or in the reIec-
ton OF the bid of the Bank OF 1ronton.
Upon the ~pleadings n evidence in the
case this Court is OF the opinion that the
Statute, Art. 6, Chap. 81, R. S. 1899, clothes the
County Courts of the several counties OF this
State, with the power and authority to eX-
ercise a proper discretion in the matter OF
the acceptance or rejection OF bids of banks
or bankers for the county moneys; that the
authority given by Sec. 6St9, r. S. 1899, to re-
ject any and all bids, is a plain grant of dis
erection, authorizing a proper consideration
OF all bids, with the power to reject any, oil
all, and to accept such bid as in the judg'
ment OF the court may be the best, in view O
all the facts within the knowledge OF the
court.
The plaintiffs having failed to allege o.
prove any abuse OF such discretion, or an!
partially, or corruption, or improper mo
tive on the part OF the County Court OF Iror
County, are not entitled to the relief sough
by them, and their bill will be dismissed.
JOS. J. WILLIAMS, Judge.