Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-12-22
GRAND FoRKs1 HERAIDg, "DEcEMBFR 81, 1890

N ~ 49,. 2EHS sS .fA,eNysB9 a%ESsn3Ee4 fs6Al
DECEMBER %, 1890.
action mutt hss taken I'D their omciaT,
character andSaAould appear upon the
township book Kept by the town clerk.
e not so taken. 1t does not bind tho
tgWnship and has no validity what
u :, b supervisors should con-
tatinan, made 70 them for leave to. oe--
cup. any, the township. roads With
7 street railway. II they decide, to
grant the application upon certain
terms and conditions, as to the man
ncr and extent Of the occupancy per-
United lite and the. extent OF the. repairs
aappeAr In the record OF, the meeting,
as wen as the consent; and a contract
that does not rest on such official. ac-
ton. properly taken by the proper Of
icers. is 3worthless.ii' ~ q.
/ Murphy VS.: City OF Albina, -
q Ss3,.s(Or.) D, the court say:
= 1T issan elementary principle that
Fate n or municipal, can be transacted
Eontysatsa corporate meeting regularly
convened, and that the act of the
Eildivldual members in no way binds
slRtiAikxnan VS.. School District, ~
f1Aaus. 11Sst Ihe court say:
| Information and Counsel
1T Is elementary principle that
when several persons are authorized
to do. an act OF q public nature which
requires deliberation, they all. should
be convened, because the advice and
opinions of all may be useful though
all do not unite in opinion, 1t may
be; that, all will not concur. but the
information and counsel Of each" may
I VDnI1, a NHA~A ~ 81 - -L1A,. Az a. lsr -
ment, OF the. body" S
'Ins School District rs. Shelton, 100
Pac,t4 6g,a(Okl.) the court say: ~
I'VE think in view Of the element
airy principles applicable tosthe duty
of a body like the school district
board, consisting Of several persons
ture, where the power to contract
with the person seeking employment
as a teacher il vested BY the state in
the board that all must meet to-
gether. or be notihed~sto meet to-
gether. to consult over the employ
ment Of the teacher. before a contract
SOFAS to bind, the district. Certainly
two members would have. had mo-
fright to exclude the third from their
~Tconsulting or acting with them, and
|although it is not necessary that nll
of..the members of the board should
be stpresent4 at a board meeting, or
Ethat all. of the members should con-
cur in the making. Of the contract in.
order to bind the district, vet the
contract GO as,,s should b agreed up On at :
present, Or have tie opportunity Of
does does !, no, I've, vest the power sr. q { the - az j.
board. called the district board.
In - 2,,E n lpx,fsCo ~, To,l,A,;~
-sio,ners:,a s Kans; so2, the courtssay::5
powers OF! the county are not vested
in t~hreeNory more commissioners AZ
such. but:in atsingle board. Two COM
m~tssionerst casually meeting have no
power to act: for the county. There:
must be d session of the ~"board."
This single entity, the BOARD" alone
a by its'action' bind the county, and
It exists only when legally convened"
The supreme, court of this state, in.
the case OF State Chicago & NV.
Ry%Co..l79 n. W: S7s.. has held that
the! board OF railway commissioners
or this state cannot act upon$"any
matter pending before It rs 50 many
Individuals implying that when. the
commissioners undertake to act '."lof-:
hcialiy, they must act as a unit as, a
board: The following cases are cited
as 1ully sustaining the principles laid.
down IN the cases from which quota
lions have been made:
,Crary Library vs.. Bliss, 25sN. Esq.