The Robesonian. [volume] (Lumberton, N.C.) 1870-current, 1908-08-31
COMMISSIONERS NOT RE-
SPONSIBLE?

So Say Messrs. Mcintyre, Law
renee & Proctor-A Review of
the Case Showing That the
Commissioners Are Response
bic, and They Alone.
To the Editor of The Robesonian.
We observe in an editorial in
your paper of the 10th inst. that
you criticise the board of county
commissioners for paying out of
county funds the costs in the
case of Southern Audit Company
against Mckenzie, county treas
urer. We have no desire to en-
ter into any political controversy
with you or anyone else. We
recognize the right of the editor
and stockholders of The Rob-
esonian to support whomsoever
you please for public Office. At
the same time we think it hard
ly fair for you to criticise the
board of commissioners for
something they had no more
connection with than you had.
The costs referred to by you
were paid by Mr.. Mckenzie, the
county treasurer, because the
Supreme Court rendered judg-
ment against him for the amount
of the claim and for the costs.
The suit was not brought against
Mr.. Mckenzie personally, but
against him in his official capaci-
ty as treasurer. Hence the costs
were paid out of county funds
and if he had not paid them, he
would have been in contempt
of court. The commissioners
had nothing whatever to do with
the payment of these costs.
All the commissioners ever
agreed to do was that in case any
personal judgment was render
ed against Mr.. Mckenzie for the
costs they would reimburse him.
No personal judgment was asked
for by the plaintiff or rendered
by the court against him. These
facts are all shown by the record!
which are open for inspection a
the court house and could easil!
have been ascertained from th'
attorneys for the plaintiff or from
ourselves, who reprented the de
fendant.
You. can easily see that if tn
4 county treasurer or the board o
y commissioners had to pay cour
costs out of their own pocket
/. they would be loathe to resis
the payment of any claim,- n
matter how unjust it should az
pear to them. In the case re
ferred to after consulting cour
v sel-others as we'll ourselves tn
commissioners felt it their dut
to advise the treasurer to hav
= the claim contested. He did s
and the Superior Court incline
to our view of the matter. Upo
an appeal by the plaintiff, hov
: ever, the Supreme Court deciC
ed adversely to our contention.
Very truly yours,
MCINTYRE, LAWRENCE, & Pro-
TOR.
Lumberton, N. c., Aug. 2.
. 1908.
We are glad that Messrs. M
Intyre, Lawrence & Proctor hay
III gone into this matter. 1t wi
n not do to say that the commi
of sioners had nothing to do wit
paying the costs in this cas-
They had everything to do Wi
it, as the following facts W
show:
'u Before the Southern Audit C
n had completed it's work-a1
re that was before a line of test
en mony had been taken by tt
en- board of audit and finance
III Treasurer Mckenzie was ordert
By the commissioners not to p;
that company for it's work al
Treasurer Mckenzie told M
Smith, president of that eel
= pany, that the commissioners h;
so ordered. Col. N. A. McLea
counsel for the board of auC
= and finance, by which board t
Southern Audit Co. was emplc
? ed, warned Mr.. Mckenzie tn;
\ since the Legislature had, VIII
it created the board of audit a
finance, given that board t
power to order the treasurer
the county to pay it's bills, if
resisted payment of that orc
from the audit and finance boa
he would have to bear the {
s pense of the action personal
that the county could not be ts
k. ed with the cost Of the suit. The
upon Mr.. Mckenzie employ
Messrs. Mcintyre, Lawrence
Proctor and they gave hin
written opinion in which tt
stated that they thought the cla
was a proper one and he wo
= eventually have it to pay, J
y they advised him, neverthele
to resist payment and get an
der from the court,
Later Messrs. Mcintyre, L;
renee & Proctor agreed with
= Smith, of the audit compa
- Treasurer Mckenzie and Col.
Lean to draw up a statement
agreement as to facts and
submit same to Judge Long
have him pass upon It and
res, STATE OF OHIO, CITY OF TOLEDO,
r. LUCAS COUNTY.