The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1914-04-01
COUNTY
BOARD HAS
LAST SAY
ACTION AGAINST DELlN-
OUENT OFFICERS SUBJECT
TO COMMISSIONERS

Oklahoma city. April An action /
cannot be commenced against &c
jinuuent officer under the Oklahoma !
laws except upon order Of the county |
commissioners, and an appeal cannot I
be taken bv the county attolney from
n udgmcnt rendered against the
county in such ease without the con I
senl aud against the wishes Of the
commissioners. SO held tOe state a0~
preme court today in dismiasns the
/ appeals OF five cases which were lllo'
BY the county attorney of klnslishef
county The appeals were from Jnd-
ments rendered against the 'oun'y III
Kinglisher county district court lNe
defendants were former county ON
cials, who according to reports Of 'na
state examiner and inspector, mad re
ceiyed more money IN fees or salar'
than they were legally entitled tc T =
comfy attorney instituted a ton ~
the district court, at the direction o.
the board Of commissioners, to re
cover the alleged SHORTAGES the -"
or court sustained demurrers to IN
N laintitf's petition.
Not Allowed To Appeal
The county attorney desired to ap
peal the cases to the supreme court
| hnt the commissioners refused to au
; thorizc such action but the former
| with the assistance OF special IT
torncv oi the "TaApae crs leaGl'''
/ filed the appeals The reason sNea
! for the refusal OF the commits sai2en''
to hermit the appeals to be taken wa
that such action was too expensive
and that the interests of the conn'y
ana taxpayers were not in iurlher
prosecuting the cases
The opinion OF the court was WITH
ten in the case of kinglisher count
against John NJ Graham, nudge o.
the probate court in territorial DAYS
for four years and county Judge lon
four years since statehood. The state
examiner reported that GrahAIh nAi
ioverlrawn and retained certain ipe +
over and above his salary. IN eNce's
of the amount he was legally entltle
70 The O inon Of the court Is ap
plipd to other cases against the l'l
lowing persons who were former orr
cials Of Kingfsher county H.
Miles. Dennis Downins, George t.
Woodwork and George l.. Bowman
In commenting upon the ''rahalr
ease. Justice looibonrrow who pre-
pared the opinion OF the court. says;
Board Has Control
The Oklahoma legislature H. 3
constituted the hoard Of count, con
missioners the general agents Of ~"
county It has genera snperylsicA
, and control OF the county affairs. The
sole and exclusive power to rommen'
a suit against delinquent officer Is
ivested in the board II superlntenda
the fiscal concerns aud secures III"
MANAGEMENT thereof in the best man
per possiMe for the county arourdl1
10 it's mdement and discretion ilpN
wen or how poorly the commissioners
iexorcise such Judgment and discretion
is u matter far them and the peopl
Of ilc county to de ide i they tran
eress the law and act corrupty hli
forcn, proceedings in the name of th"
the state may he maintained again T
them. In this ease whether or nor
an real should he taken was a bus
iness pro osition for Kingfishcr conn
Is The commissioners decided ne
hest interests Of the county and iaN-
leaters won.d be served b. not appeal
ing the case. Their Judgment is final
The county attorney has no right la
appeal the case, not to normIt other
TO do 50. without the consent Of The
county commissioners