The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1920-03-05
MRS. O'CRADY
Still. AUDITOR
Judge Conler Denies Jec Dolin Writ
Of Mandate Compelling Clerk &
Recorder A. A. Major to Sign
Illegal Warrant.
COMMISSIONERS MUST
ABIDE BY LAW

|, !. On the 21st day Of February, Judge
c. +. Conner hnaded down a decision
in the Dolin Mandanus case denying
the writ, in which it was held that
Mrs. O'Grady is still County Auditor
and that the Board of County Com
nlissioners cannot allow claims unless
approved by that official.
This was an action brought by Jos.
F. Dolin against County Clerk Il
Recorder A. A. Major, to compel No
jor to issue a warrant in payment of
claim in full, which claim had been
approved in the sum of $15.75 by the
board of county commissioners over
the head of County Auditor O'Grady
who had cut this claim to the sum OF
$13.12. Mr.. Major refused to issue
the warrant in payment of this claim
on the grounds that the Board Of
County Commissioners exceeded their
authority in approving the claim in
question in full. Mr.. Dolin asked Tor
a writ of mandate to compel Major
to issue the warrant. County Attor-
ney Gunther appeared in court for Mr.:
Major and Ellery & Babcock appeared
for Mr.. Dolin.
The County Commissioners allowed
the claim on January 9th, and Dolin
filed his action on January 22nd, last.
The law in the case is as follows in
refeence to the duties of the County
Auditor:
Section 31O6 of the Revised Codes:
1T shall be the duty Of persons
holding claims against any coun-
.ty having county auditor to pre-,
sent the same to the county audi
tor, whose duty it shall BE to AUDI
it the same. The county auditor
Z shall also investigate -aaa exan,-
Inc into all claims" e
him and report the same with his
findings to the board of county
commissioners at their regular :
session after SUCH investigation
shall have been completed with,
his approval or :'disapproval' in
dorsed thereon. and he shall keep
complete record OF. all such
claims and of his Investigations
and examinations of the same in
a book for that purpose. In: all
counties having a county auditor,
all bills, claims accounts or
charges for materials of any kind
or nature that may be purchased
by and on behalf. of the county
by the county auditor, who shall ;
ipdorse his approval or disapprov- q
al. thereon before any warrant
for the payment of the same can ,
be drawn. In all counties having
q county auditor, no claim against
the county shall be paid or war
rant drawn therefor unless the
same shall have the approval of
the county auditor; Provided,
however, that the judge of the
district court of the county where
any claim has been 6sapproved
by the, county auditor may or
der the, payment Of the same"
The law in reference to the duties
of the Clerk & Recorder in reference
to the drawing of warrants is as fol-
lows:
Section 3045 provides:
"The county clerk must:
draw warrants on the county
treasurer in favor of all persons
entitled thereto in payment of all
claims and demands chargeable
against the county which have
been legally examined, allowed
and ordered paid by the Board Of
County Commissioners; also for
all debts and demands against
the county where the amounts are
fixed by law, and which are not
directed to be audited by some
Continued on Page Four)