The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1919-12-19

d.
A Quasi-Municipal Corporation,
Plaintiff, VS., Joseph F. Dolin and
Rex M. Mjxious, as Treasurer of
Sheridan, County, Montana, De
PENDANTS :
This is an action by the County
attorney of Sheridan County, Mon
ana, under the provisions of Sections
$50 and 1854 of the Revised Codes
! the State of Montana, 1907 Edi-
ion, against The. defendant to restrain
he payment of certain warrant in
he sum Of Seven Thousand Eight
Twelve Dollars (S7s812.0O),
rawn upon the Treasurer of Sheri-
an County, Montana, No. 9444, pay
BILE to the order of said defendant
oseph F. Dolin, upon the ground that
he amount Of said warrant is in ex-
ess of the amount which the Board
{ County Commissioners had authori-
V to authorize, or order paid. Said
section $3.50 is as follows:
Money Illegally Paid Recov-
ered.-Whenever any board OF
county commissioners, without
authority of Jaw, orders any
money paid as a salary, fees or
for any other purposes, and such
money has been actually paid, or
whenever the county clerk has
drawn any warrant or warrants
in his own favor, Or in favor Of
any other person, without being
authorized thereto by the board
OF county commissioners, or by
the law, and the same has been
paid, the county attorney Of such
county must institute an action in
the name of the county, against
such person or persons, 10 recoK-
er the money 50 paid, anal t.sen-
ty per cent damage for the use
thereof, and no order Of the
board of county commissioners
therefor is necessary in order to
maintain such action; when the
money has not been paid Oh
such orders it Is the duty Of the
county attorney to commence an
action in the name of the county
for restraining the payment OF
the sane; and no order Of the
board Of county commas toners
therefor is necessary 10 man
tain such acti5n,"s
The compainf alleges that IN tIft
9Th day of May, 1918, the Board Of
county Commissioners entered into {
ertain contract with the said de,
endant, Joseph F. Dolin, to do ell Of
he printing and furnish al o. tlt
printed supplies and stationery fol
aid Sheridan County, including a
egal advertising required by tllE
avs of the State Of Montana to be-
lone, and all election supplies ana
,allots and official publications 10 b
made or to be used by the said coun
v during the period of one year com
nencing on the first day O. June
|. D. 1918, and ending on the frs
Law of June, 1919, which contract
provided that all registration cards
lists of electors and ballots Of q
inds. should be printed and furnish
d at 80 per cent off from the statu
DRY maximum; that on the 9th DAY
f August, 1918, the regular hien
Iial primary election provided for b!
aw was held in said Sheridan county
nd for the purpose Of said election
t became and was necessary that OF
lcial ballots, bearing the names o.
he various political parties AMI The
-arious political parties and the yari
us respective candidates for state
nd county Office be prepared, print.
d and delivered 70 the proper officer:
f the said Sheridan County, anC
hat the said Joseph F. Dolin, defend
mt herein, printed, furnished AK
delivered such ballots To the SAIL Off
ers; thai at said elections 20 lelt
here were four pofItic;}l parties Law
ny candidates For iu:u.I;,tiun u pc
itical tifice; thar 4s.e nu-Y1i>a. III bal
OTIS to- be furnished and delivered anC
which were actually furnished and de
ivered by the said defendent 10 tht
aid Sheridan County for use IN 5aiC
lection vas. 122, 832. and no more
h2t the amount which The SAID DoiiE
rs entitled TO receive under his con
ract was the sum OF FIFTEEN and -
90 Dollars (S15-T5) for the frs
eco ballots to printed and furnishe,
or each Of the political parties rep
esented at said election, and the sun
1 Eight and Seventv-f7Te FunsI1egltit
Dollars $3.50 for eazh adEtioTa
goo ballots. after the tlgste ii.l5lsAl. Tbs
further alleges that the 10
al amount TO which the said defend
nj, Joseph Z. D0iln, w&s entl-led Il
eceive for the printing. furEls'lin.
nd delivery az >1ch oai'otS lar Fail
lection, vas the s;irn Of One Thus
.ad Che Hundred S.vensy-t"o anl
S-1O0 Dollars Silt. ID; t-a- Il,
aid Dolin therefatar fled ami pre-
ented his claim to the .3ord OF Coun
J Commissioners for the printing
nd furnishings Of Suea ballots.
opy OF which claim IS attached L
he plaintiff complaint; that tnt
lam was passed and allowed o. ths
5oaTd Of County Commissioners fo1
he sum Of Seven Thousand Fieh-
hundred Twelve Dollars {ST.S 1E.GOl
.eing the amount as claimed, Sc
orth in the verified claim c.f the SAX
defendant prays for an order ar1i0in
ng the payment of said warrant, Il
egIrg that it is Six THOUSAND Sever
hundred Thirty-two and .6-l01 Dol
afs tS6,I32.761 in excess q tEs
mount that the said Dolin IS ens:tIes
o receive bylaw, and that the Raare
I County Commissioners were moi
by law to allow the sair
lohn more than 0Z1e Thousand Ont
hundred Two and 78-1O0 Dollar.
IIoz. io1- Il temporary injunction
80 issued RESTRAINING the. payment
~snt5 md thereafter tn
H. l.iS- Il answer, and sub
04SuGntIs l-le-sS-S- -IlCifE Elcti a TeDIw
20 l1e cause has been c1rhrr,iHSnd II