The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1906-07-06
FOR Law EN-
FORCEMENT
To the Honorable County Court of
Maury County:

mduAg SOuuly
1t is the policy of the law to pro-
hibit members of the County Court,
and of municipal councils generally.
from making contracts with their
own members for any purpose which
calls for compensation out of the pub
lie treasury. The theory IS that the
same individuals shall not authorize
contract, fix compensation for it,
and elected then receive pay there
for, no matter how well a member may
be fitted for a particular service. Ac-
cordingly, the Acts of 1S69-70 Oh. 80,
Sec. l, provides that cit shall not be
lawful for any officer, committeeman,
director, or other person whose duty
it is to vote for, let out, overlook, or in
any manner superintend any work, or
any contract in which any public mu-
nicipal corporation, county or State,
shall or may be interested, to be di-
rectly or indirectly interested in any
such contract" Shannon, Sec. 1888
Should any person acting as such
officer, committeeman, director or
other person above referred to, be or
become directly or indirectly inter
ested in any such contract, he shall
forfeit all pay and compensation there
/ for" h., Sec. 1884.
! Such officer shall be dismissed
from such Office as he then occupies,
and be ineligible for the same or sim
liar position for ten years" Ib. Sec.
1885
1t is difficult to see how, under these
provisions, the County Court, or any City
Council, can make a contract with any
OF its members to do any sort of serv-
ice for compensation, to be paid out
of the treasury, or can pay a member
for such services upon a quantum
meruit. This act is but an extension
of the provisions of the Act of 1888,
Chap. Z. Sec. 1, to the County and
State, as well as to municipal corpora
tons, prohibiting any person holding
office from taking any contracts from
the body of which he is member.
See Shannon, Secs. 1895, 1896.
1.-THE theory and spirit of all these
laws is that in rendering service which
should be done by members of these
bodies pertaining to their official posi-.
ton, they act simply in discharge OF
duties for which the statute provides
compensation. For all other services
they are incompetent to contract and
for such outside work it is unlawful
Tor them to contract or receive com
pensation. If it becomes necessary ia
contract for such services, such con.
tract must be made with a disinter-
ested third person, and not with a
member of the body whose Office il is
70 make the contract and provide the
pay We cannot ignore these pro-
visions of the statute, no matter how
necessary or valuable the services of
complainant may have been nor how
worthy of compensation if done bv a
third person.
The above is taken from tho dooisior
OF the Supreme Court of the State Of
tennessee in the case of Hope against
Hamilton County rendered in Knox.
vile on October 5th, 1898.
How many members of your BODY
have received and are now receiving
money out of the County Treasury
other than per diem, mileage and
statutory fees?
How many of you have sold supplies
to the county since you have been
Magistrates? How many of you have
oy the Honorable body in which Won
hold commissions, been selected as
commissioners or committeeman for
superintendent of bridges. the poor
house and the like, and received "Dav
or compensation therefor" How MANY
of you are eligible to succeed your
selves?
| believe the constituency of each
magistrate would like to know how
much, if any of the County's money
he has received, besides his per diem
and mileage and such other money as
the statutes say he is entitled to. I
do not believe that the citizens of the
respective districts want to vote for
men who are ineligible to the Offices
to which they aspire To have an
election and then discover that the
men chosen could not take their seats.
would be quite a burden to the al
ready election weary citizens of Maury
County.
Law ENFORCEMENT