The Duluth rip-saw. [volume] (Duluth, Minn.) 1917-19??, 1920-03-06

| own services. The record Tor c0nunu-
Gus service Of these men and teams al
most equals that of the crew under
foreman Cochran.
"Some of the time checks issued to-
foreman O'Neil by himself show team
hours only, but as $1.00 per hour is
charged, which is the amount paid for
man and team in other cases, it is as
sumed that it covered service of driver,
also.
"We can conceive of no reason why
foreman should issue to himself a
time check covering the labor of men
and teams working under him, unless
he has hired men to drive teams which
he owns, or has contracted for the time
of both men and teams, which he hires
to the county.
"The drivers in such cases could le-
gally be paid for their services on time
checks, issued to the drivers, them
selves, and verified by them. Although
the law provides for the issuance Of
time checks for the use of teams, since
a foreman cannot issue time checks to
be legally paid for the use of such
teams is by presenting a verified claim
to the county board in the usual man
ner and, unless time checks are issued
to the drivers themselves, a verified
claim for their services should also be
presented to the board.
"On Dec. 81, 1919, we addressed in
quiries to the attorney general, viz:
"1.-Where county board makes an
agreement with an individual for the
furnishing of number Of teams with
drivers, for work in the maintenance
or construction of roads, at an agreed
price per day, can such contractor be
paid on time check for the time of
such drivers and teams, pursuant to
chapter 1872, G. L. 1915, or should he
present itemized and verified claims to
the county board for allowance in the
regular manner?
| "2.-Win you also kindly advise us
If time checks may be issued to fore
man covering the time of a crew work.
ing under him, such time checks, in
some instances, being certified by the
foreman, himself9
"In reply to such inquiries, the at
torney general advised us as follows:
|
are advised that the law referred to
does not authorize the issuance Of o
time check to person who has en-
tered into contract with the county
to do work upon a public road in pay
ment Of the labor Of teams and drivers
furnished by him; nor does it author
lie the issuance Of a time check to a
foreman, designated to have charge Of
the work being done by day labor, COW
ering the time Of the crew working un-
der him. The law authorizes, as there
in provided, the issuance Of time checks
by the overseer, superintendent or fore
man designated by the board to have
charge Of road work to be done by day
labor, to each man furnishing team
or teams, or equipment, or labor, as the
case may be-
Gin a number of instances, time
checks are certified in the name of the
foreman by some one else. This is done
on large scale by road superintend-
ents Jacob Hill and Alex Watt. This
is also contrary to the time cheek law.
The foreman, superintendent or over
seer, designated by the board to issue
time checks, must certify to them him.
self. He cannot delegate this duty to
another.
Time checks also are issued for board
OF road laborers, the amount of the
board having been deducted on the
time check issued to such laborers.
though the time check issued for the
board does not always show the num-
Der of the time check on which the
1 No. e.
cannot be legally paid by time check.
They should be presented to the county
board and audited and paid in the reg
ular manner.
Commissioner O'Neil has issued
time checks on the Chisholm, HAYES
and Wilpin roads. The county board
cannot appoint one Of it's own mem
bers as foreman, superintendent or
overseer OF roads, and, therefore, can
not authorize a member to issue time
checks.
Gin taking Acknowledgements of fore
men and others to time checks, COM
missioner O'Neil does so as foreman.
superintendent or overseer.' While a
county commissioner is authorized to
take Acknowledgements, he does so only
by virtue of such office and should
sign his official title, in accordance
with Sec. $40, G. 8. 1913.
1.-The system of paying road labor
by time check is radical departure
from the usual method Of auditing and
paying claims against the county, and
the law establishing this system should.
therefore, be strictly followed. The
purpose Of this law was to permit a
more prompt payment of manual labor
ers, often a floating population, who
could not afford to wait the usual time
OF payment by the county and who, for
this reason, frequently would not ac-
cept employment on roads under the
old system. 1t was not intended to al.
low a foreman to contract with the
county for the services of any number
OF men and teams and then to audit
his own claims therefor. A grave re.
sponsibility rests upon the auditor in
administering this law. In the case Of
Buyck VS.. Buyck, 112 MINI. "a, It was