Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1913-10-16
DEClsl aN HAS
WIDE EFFECT
SUPREME COURT GIVES DECI-
SION IN CASE TAKEN UP
FROM WILLIAMS COUNTY

the state of North Dakota handed
down decision reversing the district
court, in a case taken up from Will
liams county, and which will effect
every county in the state in the mat
ter of certain. fees collected by coun-
ty auditors and retained by them-
The case in this county was brought
up by H. W. Braatelien, when he was
states attorney of the county. The
amount involved from a former audi
tor of this county is about $16OO.W-
1t is understood that arrangements
have already been made by the form
er auditor to turn over this amount
to the county, together with interest
The case before the court is as fol-
lows:-
State of North Dakota, in Supreme
court.
The State of North Dakota upon the
relation of H. W. Braatelien, as states
attorney within and for Williams
county, North Dakota, plaintiff and
appellant, VS.. George o. Drakeley, G.
o. Borstad, C. J. Helle, c. 0. Houg h
lum, Frank Banks, as county commls-
sioners within and for Williams coun-
ty, North Dakota, defendants and re-
spondents.
/. When county auditor retains
fees which belong to the county and
fails to account for them and pay
them to the county treasurer, and the
board of county commissioners neg
lects and refuses on demand to adjust
the account of such fees and deter
mine the amount thereof as required
by section 243O, revised codes of 1906
a resident, taxpayer and citizen of the =
county is qualified to act as relator
in proceedings in the name of the
state to compel action by the county
commissioners.
2. The adjustment of such fees by
the county commissioners when not
paid into the county treasury is g.
ministerial duty and mandamus viii
lie to compel them to audit or adjust
the same. but will not lie to compel a.
determination of any particular sum
due or not due the county from the
auditor.
8. Neither the criminal prosecution
nor the removal of county officials
who fail to perform their duties fur
nishes an adequate remedy to the
public or to taxpayers Of the county to-
which funds unaccounted tor belong,
and hence are not the other adequate
remedies which inhibit the mainten-
ance of proceedings to mandamus the
commissioners to adjust such ac-
counts.
4. As to whether the states attor-
ney of a county can bring an action
against the auditor, to collect fees
retained by him which belong to the
county, without being directed so to
do by the board of county commits
sioners, is not decided.
5. BY chapter 20, laws of 1907, fix
ing the salary of county auditors, the
different counties are classified wltfR
reference to the assessed valuation Of
the property in the counties of each
class, and this statute reads that no
county auditor shall receive more than
-dollars for his personal ser
vices in any one year, the amount de-
pending on the valuation of the prop
erty in his county. Held that this en-
actment fixes the salary of the coun-
ty auditor at the sum named as ap-
plying to the class in which his cOun-
ty belongs.
6. Chapter 70, supra, was enacted
to fix the salaries Of all the county
auditors of the state and relates to
that subject alone and provides that
all moneys received as fees for GER
tifying to abstracts or deeds in excess
of the salary as thereby limited shall
be paid by the county auditor at the
end of each month into the revenue
fund of the county. Held that this
requires an accounting by the audi
tor, at the end of each month, of such
fees, and that if the amount exceeds
his salary for the month it is his duty
to pay the excess into the revenue
fund of the county
T. Chapter 219, laws of 1907, was
enacted for the purpose of enforcing
the payment of taxes before the trans
fer of real property, by requiring a
certificate of the county auditor as tn
the facts, before deeds, with certain
exceptions, are entitled to record and
as an incidental matter provided for
the fee to be collected by the county
auditor for such certificate and that
the auditor might retain such fees as
compensation for making his certifi-
cate Held that in view Of the fact
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