Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-08-06
% MAKE TEST CASE
ON SCHOOL SUPPLIES
ANAMoSA CONCERN TO START
ACTION AGAINST COUNTY
AUDITOR DoBsoN.
INVOLVES SUPPLIES
FOR SUPERINTENDENT
Auditor Dobson Declines to Pay Bill,
Under Provision Of Code and Advice
of Board Of Observation-Disclosures
Concern Anxious to Test New Law
Against Auditor.

In order to test out the new Iowa
county auditor shall LAY without Ques-
ton the certified statement Of the cost
OF office supplies for the county super
intendent of schools. the Metropolitan
Supply Company. of Anagposa. dealer
in school supplies, will start an action
against Auditor a. ". Dobson, Of this
county. 10 recover 1895 the amount cf
q claim held by the company fo- sup
plies furnished tie county suQerin-
tandants office.
CLIFFORD &. Paul, OF An5.uposa- atroT-
ney for the Metropolitan company, was
IN the city Thursday. and after dis
cuss!lg tn. claim with he county ali-
ditor, announced his denomination %
begin an action in order 10 determine
the standing Of the law, County A.
,orney Scott has given the county au-
ditor an opinion 70 the effect that II
would make no difference under the
law whether the county superintendent
ordered a car load of supplies, II was
the duty OF the auditor 10 pay TIE bill
The auditor, however, is going on the
theory OF the law as expressed in Sec
ton No. Al Of the code, which says
that the auditor snail not sign OF issue
any county warrant, except upon the
recorded vote or resolution 81 the board
OF SUPERVISORS authorizing The same
except for jury fees.
Has Never Sued Aud.or.
While the Metropolitan company has
brought suits against counties, ny
naming the board Of supervisors as de-
PENDANTS. II has never as yet tried out
the laws by making the county aDd!lor
a defendant Supervisor Jones q the
board, declared that he was perfectly
willing that a test suit be made.
Suit For Full Amount.
AItho Mr.. Paul said he would begin
the suit for the full amount OF the
claim. he said that only about sl67 Of
the claim was in controversy. The
purchases Of supplies included in the
bill, as ordered by County Superi-1-
1endent Miller, date back to 1913.
In the new school laws a provision IS
made to the effect that the county
superintendent shall certify 10 the
county auditor a veri fed statement OF
the necessary Office stationery and
supplies, whereupon the county auditor
shall draw a warrant for the same
upon the county treasurer.
Law. Apparently Contradictory.
II is the apparent contradict ory
statement as made in the school law,
and section At Of the code, that places
the auditor in a position that he does
not know what to do and still comply
with the law. He questions IN his own
mind whether all the supplies ordered
by the county s1lsa-t12 rsendanr were
necessary So does the board OF
supervisors and the board has directed
the auditor not to pay the bill.
Even Mr.. Paul. attorney for the
company, admits that his company's
bill is not In the shape It should be.
In that there are probably some credits
that should be made on goods that
were returned, that are rot shown on
the bill However. in order 70 test his
case, he is going TO sue for the full
amount, he says.