The circle banner. [volume] (Circle, Mont.) 1914-1939, 1916-06-23

1AO RACoChN pan VI " Vi mug LOB
been In practice for several years in
this county and, upon the recent visit
of the state examiner, the information
was obtained that the practice is
quite general in the several counties
throughout the entire state. Common
sense, In the absence OF any statute
to the contrary, would seem to indi.
cate that the county commissioners
were justified in SO acting. However
in some instances, the laws and com
nonsense seem to diverge. There is
a serious question about the strict lie.
gality of the practice in this instance.
1t is neither necessary or proper at
this time, to discuss the authorities or
reasons for any legal conclusions with
reference to the matter.
There are two reasons why the coun.
ty attorney has not, at this time, be-
gun any action in court, with refer.
ence to this matter.
The first reason is that he is now
waiting for information from the coun-
| ty clerk and recorder touching the
bills of other gentlemen, who have
acted upon the board of county COM
missioners during the period covered
by the demand of R. L. Wyman. 1t
is considered due the taxpayers, and
just to all parties concerned that If
any action is brought for the recovery
of money Illegally drawn from the
county that it should be brought
against all persons who have been a
party to such transactions and have
profited thereby.
The second question is the open
question as to the legality of these
transactions Of the county commits
sioners. From a legal standpoint,
this practice was approved by J. A..
Slattery, who acted as county attor-
ney during the greater part of the time
that Andrew Larson was performing
the services and drawing the compen-
sation which R L. Wyman is demand
ing shall be recovered. On October
13, 1914, Mr.. Slattery addressed a
communication to the attorney gen
eral in which he approved the action
of the county commissioners in acting
as road viewers, and under date of Oc-
tober 20, 1914, the attorney general adj
vised Mr.. Slattery that the county
commissioners were not authorized to
act as viewers and were not entitled
to recover any compensation for so do
ing.
Although the commissioners have
not, since that date, attempted to act
as road viewers, the largest item of
the sum which Mr.. Larson is claimed
to have unlawfully drawn from the
county is the money which he drew
for services as a road viewer, prior to
that time. Shortly after the present
county attorney went into Office, the |
legality of the bills of the commission
,rs was called in question and the |
matter was presented to c. c. Hurley, |
district judge, and was officially ap-
proved by him.
The fact of this approval on the part |
If the district judge, and in view of |
he fact that these bills were approx
I'd by ]. A. Slattery, for time at least
while he was acting as county attor-
ley, and in view of the fact that Mr.. /
Nyman had known of this matter,
10Th as an official and as taxpayer
or several years, without any appar
mt anxiety, the undersigned felt dis
'osed to consult the attorney generals
fice for suggestions upon the legality
f certain other items than road view
ng, contained in the bills of the COM
and for suggestions as to
he form of action to bring, as we'll as
ertain other technical questions
With that end in view, communities
ion was addressed to the attorney gen.
rails Office few days after the re- .
uest was made by Mr. Wyman. At
his writing, no advice has yet been
eceived from the attorney general.
Through their on natural anxiety to
now what the legal rights and duties
ere, Mr.. Larson and one other mem
er Of the board of county commissions
IS have requested the county attor-
ey to make a personal trip to Helena,
order to expedite matters with the
.torney general, and have offered to
~ his expenses on such trip out of
leir own pocket.
In conclusion, the taxpayers of this
'unty need not worry as to whether
not the county attorney will take
;tion, should the attorney general be
the opinion that the county is en-
led to recover any of the money
avn by the several gentlemen, who
We acted as county commissioners
ring the last few years. Further,
at the county attorney will not hes
tie to bring action against any other
unity official, or any other person,
ION he knows to have recovereds
oney from the county unlawfully.
in view of the statewide
portance of the question involved,
o-,,-x~x -kx1-o, 1z4c1 a. cAvv{c |