The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-08-31
LUMBERTON, NORTH CAROLINA, mon

nail an nOur IN InlS Way, DuC NlI.
G. B. Patterson appeared upon
the scene for the commissioners
and said that he was instruct
ed by the chairman of that
board to order Treasurer McKen- |
zie to fight the payment of |
that claim to the last ditch.
Mr.. R. C. Lawrence, of the firm
of Mcintyre, Lawrence and Proc
tor, told his client, Treasurer
Mckenzie, that while he (Mr.
Lawrence) still thought he would
have to pay the order, since the
commissioners wanted him to re-
sist payment he advised him to
do so. Mr.. Lawrence admitted
that Treasurer Mckenzie would
have the claim to pay, but not
withstanding that, he advised
him, because, forsooth, the COM
missioners wanted to resist, want
ed "to fight it to the last ditch,
not to pay. Mr.. Mckenzie said
that he was going to pay the or
der unless the commissioners
would guarantee him against
personal loss. Mr.. Carter, chair
man of the board of commission
ers, was called up over the phone
and he assured Mr.. Patterson
that the commissioners would
stand between Mr.. Mckenzie
and any loss, and he later told
Mr.. Mckenzie the same thing;
and he told Mr.. Mckenzie furth-
er, that the costs would not fall
upon the county; that the COM
missioners would stand between
both him and the county and any
expense in connection with the
suit.
Look you, now, what fol
lows" When an order of the
court was received for the pay
ment of this claim and the costs,
Mr.. S. Mcintyre, of the firm OF
Mcintyre. Lawrence & Proctor,
went to Treasurer Mckenzie anc
told him that he would have tt
pay the order at once, that very
day, or be in contempt Of court
or something to that effect. Mr.
Mckenzie called Mr.. McIntyre''
attention to the fact that thu
commissioners had agreed to b.
personally responsible for tn
costs and that the county shoulC
not pay a cent; but Mr.. McIntyr
2 assured him that he would hav
l l it to pay; that the suit wa
against him as treasurer of tn
; county, and not as an individual
I and that he must pay it out o
o the funds of the county. O
: course Mr.. Mckenzie could d
: nothing but pay, under the Gil
= cumstances.
e Nobody claims that this wa
y paid by a direct order from tn
e commissioners or that the su:
o was brought against Mr.. McKe1
q zie as an Individual. The orde
n from the board of audit an
: finance was just as valid a
l. order as one from the boar
of commissioners. and Treasul
er Mckenzie understood all alon
: that in case he lost the case tx
costs would be paid by the con
T. missioners individually and ths
the county would not he out or
G. cent. =. Of course the commission
re ers did not order Treasurer M
IL Kenzie to pay the costs; all the
$ had to do was to sit idly by ar
n let the order of the court be pa
e. out of county funds.
n Messrs. Mcintyre, LawrenC
i'll & Proctor say that ''after col
sulting counsel-others as we
o; as ourselves commissions
I'd felt it their duty to advise Il
j. treasurer to have the claim CO.
le tested". So. And yet Messr
Mcintyre, Lawrence & Proct
I'd advised Mr.. Mckenzie that the
ay thought he would have to ps
Id the claim.
r. When the order of the cou
n was received to pay the costs {
ad the commissioners had to do w
n, to step out the back way, so
lit speak, and leave the county
ne pay. 1t was not at all necessa
Y for them to issue an order. '
It, do not consider that Mr.. McKe
en- zie is at all concerned in tt
no matter. Of course the order W
ne against him as treasurer and T
OF as an individual. But Mr.. J.
ne Carter had agreed, for the CO
Ter missioners, to pay the costs, 9
'rd hence he fought the claim. T
X board of audit and finance "
Iy; to investigate the conduct
* Office of the verymen who ord
re, ed the treasurer not to pay
ed work that the board had to he
q done. 1t would have been fal
1 a of an investigation if the We
icy men being investigated CO
Inn have forbidden the payment
lld the expense necessary to that
out vestigation. The commission
SIS, had no right to order the tire
Or urer not to pay that bill, {
they virtually admitted that
W. county ought not to bear the
lr. pense by agreeing to become
n.y. sonally responsible.
VIC. We repeat that the conn
OF sioners, and they alone, were
to sponsible for saddling this
and pense on the county. y.-Edit'
IS ChrOn1c DlarFhOea ReiAeVe