The Kennewick courier-reporter. [volume] (Kennewick, Wash.) 1914-1938, 1917-01-04
GRADY UPHOLDS
CLEMENTS AND
M'NEILL'S ACTS
North Yakima Judge Says Bond
ing, Transactions were Legal
and Binding
ORDERS THE CASE DISMISSED
while Secretive Acts Are Not to be
Commended the Court Cannot
Interfere

Tn a decision rendered last Friday,
Judge Thos. E. Grady, of North Yakl-
ma. sustained the action OF Commits
sioners Clements and McNeill in au-
thorizing bond issue of $125,OOO for
the purpose of building court house
and selling the bonds to Keeler Bros,
and ordered the case of H. A. Bier VS..
Clements ct al dismissed.
In passing on the three points in
question the court held that A. G. Nc
Neill on December was "a de facto
commissioner, that the board was IN
regular session and that while the Sc
cretive acts of the two commissioners
were not to be commended they were
acting within the legal rights and con-
sequently the court was powerless to
interfere.
The decision does not establish
whether or not Commissioner-elect
E. C. Houston really qualified and was
a de jure officer on December A. On
this point the court says: cit is not
necessary for the court to decide
whether the signing of the bond by
another surety without the knowledge
or consent of the principal or the other
sureties would invalidate the bond,
because the view I take of the situa-
tion is that even conceding that Hous-
ton had his certificate of election is
sued to him and had properly taken
his oath of office and filed a good and
sufficient bond which was approved by
the clerk, McNeill was at the time of
the passage of the resolution a de fac
to county commissioner"
In answering the claims of the
plaintiff that de facto officers title
to Office ceases when objections to his
holding Office are made and thnsc.s W. y :.
whom he deals are advised that a sue
cessor has qualified, the court says:
1T is my opinion that such objection
cannot be made by a citizen acting in
his own behalf, but must come from
the prosecuting attorney acting in be-
half of the public, or the officer elect
ed, in on appropriate proceeding to
gain possession of the office; nor do
think the purchasers of the bonds
were any less protected by reason of
their representative being present and
knowing of the objection made by the
plaintiff" .
. On the question of whether or not
the board was legally in session Judge
Grady says: considering the uncer-
tain testimony of Mr.. Syfford with
reference to the adjournments, and
coupled with the rather perfunctory
way in which the minutes were kept
the testimony of the members of the
board who testified with reference tt
adjournments and the probabilities,
think the evidence preponderates il
establishing that the board of county
commissioners when it adjourned OF
November II, adjourned to meet agair
on November 21, and this being tht
case, it must follow that the meeting
Saf December was legal and =:
egularly adjourned meeting"
n On the third question, that of goot
Ehith of the commissioners, the cour
Gbncludes by saying: Gin reviewing
be acts of the board of county com
miasioners the court must conside
th;H it's members are chosen by tn
ple as their business agents in tn
-. 1uct of the affairs of the count,
al the statutes have invested then
s1z1l broad powers which carry wit
thefn wide latitude in matters of dis
crefion and when lawfully exercise
thej courts are powerless to interfere
$The law is that the commissioner
dan issue and sell bonds to anyon
(vhom they see fit at any price not ex
ceeding 2 per cent par, but in so doin
they must exercise good faith and O
hcy4lest judgment. Their discretion i
REGARD to the amount for which the
SELL bonds within such limitation car
nJt be interfered with on the showin
(. THAT they might have secured BET
tfr price had they hade greater e1
fort to do so. It is only when ther
such gross disparity between wha