The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-04-30
SUPREME COURT DECISION.

peIanI, ". M. G. Mckenzie,
Treas.
This action was brought for
The summons was
before the judge at
cham bers on the 7th day Of De
cember, 1907. By Chapuer 488
of the Public Laws Of 1907, !. the
Legislature created a Board OF
Audit and Finance of Robson
County," consisting of three
mem bers, to investigate and re
port upon the condition OF
the finances of the county,
to examine the accounts OF
the county officers and per
form other duties therein emu
merated. 1t is further provided
in said Act, as follows;
Section 9. Said Board Of
Audit and Finance shall have
power, if necessary, to employ
counsel to prosecute any public
officer or to advise it upon mat
ters of law: Provided, that the
total compensation for attorneys
fees shall not exceed the sum of
one hundred dollars (S1OO) in
any one year. Said board shall
also have power and authority,
if necessary, to employ an expert
accountant to assist in any of its
inquiries and Investigations as
herein provided" Section II.
That the compensation Of
said board and the expenses and
disbursements thereof as herein
provided shall be paid out OF the
public finds of the county of
; RObesOn, upon the order of the
chairman of said board of audit
and finance, attested by the
secretary of said board ;and the
r treasurer of Robson county is
t hereby authorized and directed
to pay the same upon presenta
tion to him, and charge the same
against the public funds of Robe
son comfy" Section 10 pro
vides that the members of the
board shall receive, as compen
sation for their services, five dol
lars per day for not more thar
ten days in any one year.
The plaintiff, a corporation
was employed by the said boa re
as an expert accountant anC
: served as such for sixty fOu
days, for which service the boarC
allowed it, as compensation, th'
sum of nine hundred aud sixty
dollars and issued an order tC
the defendant, as treasurer o
the county, to pay itthat amount
D.. The treasurer refused to pay tn
order and the plaintiff thereupol
brought this action. In the com
plaint, it alleges su ubstantially tn
foregoing facts. The defendan
answered the complaint and ad
mitted that the order had bee1
issued and that he had funds i
: his hands sufficient to pay th
same. He denies having an
knowledge or information suff
cient to form a belief as
whether the board employe
e, the plaintiff as an exper
or as to whether he pc
formed any services as such, c
as to the amount due him for an
such service. He AYERS that til
S, board of county commissioner
has never passed upon the clail
- of the plaintiff or ordered it to
paid, and that he has no author
ty to pay the same until it is a.
dited and allowed by the con
missiOners, but that he was n
titled and instructed by the sal
commissioners not to pay an o
! der of the board Of audit and
nance issued to any one, for Sc
~ vices rendered as an expert q
countant under the said Act, al
-. that plaintiff S agent was du
notified of this instruction.
- further AYERS: That he h
been further instructed by sa
l BOARD to defend this action, a
he has filed this answer for t
sole purpose of protecting t
VI public funds of the county
!, Robson, under his instruction
and for the further purpose
determining and having settl
the power and authority of
v said board of audit and tinar
of the county of Robson to
rect the payment of orders
of the public funds of Robe.
. county without the approval
the board of commission
of said county, and also
the purpose of protecting h
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