The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1920-01-02
CONTINUED from. last week.

item accrued.
The claim presented to the board
must be itemizef ST as to set forth
the nature of Che claim, its amount,
and the facts on which it is based,
with sufficient clearness to enable the
board to determine thereform that it
is a valid claim against the county,
and since the dains filed in this case
does not set forth the number of bal
lots furnished it ewould seem to be
impossible to determine therefrom
the number of ballots furnished. II
Cyc. $50; County Va Town of Green
vile Wise. J, as. n. w. 1890; Uzzell
v. Lunney Goo. -14 Pac. 945; Ellis
v. Bingham County lIdaho), 60 Pac.
Enough must be alleged in the ac-
count to show the county is liable for
The demand. Il eye. $50; Allen v.
Board, 116 Pac. It's.
Il is seriously and earnestly con-
tended by the defendant Dolin that
since the Board of a County Commits
sioners allowed the claim in the sum
of $7812.OO that the Board must have
made a determination or finding as
to the number Of, ballots furnished,
and that it is necessary, therefore, to
set aside this finding before this ac-
ton can be commenced, or before an
action of this character may be main
tanned against the said Board of
County Commissioners, either to en-
Join the payment of said warrant, Or
to secure it's cancellation; that the
Board of County Commissioners, in
determining the number Of ballots so
furnished for said election were act
ing in a quasi-judicial capacity, and
therefore their decision determining
the number of ballots furnished can
not be attacked collaterally, and that
this proceeding is necessarily a col
lateral attack upon such finding by
the Board.
The act of the Board in allowing
the claim is void because the claim
itself does not set forth any number
of ballots, and therefore it must have
been impossible for the Board to
have made any determination at all
as to any number of ballots furnished
and since the action of the Board of
County Commissioners in allowing
the payment of said bill is void, the
determination may be attacked col
laterally. State ". Court Mont.) 179
Pac. $685.
Said Section $780, heretofore quot
ed in this opinion; provides that it is
the duty of the. County Attorney to
commence an action of this character
when moneys have been illegally paid
by the Board, or when the Board have
ordered the payment of moneys IL
legally. The complaint alleges that a
certain numberEsof ballots were fur
nished, and that a certain sum was
allowed by the Board. for such ballots.
These facts, if true, show that the
Board exceeded its authority in al
lowing the payment of said claim and
in ordering warrant drawn there
for. Counsels contention that it
must be presumed that the Board
must have had a determination as to
the number OF ballots before order
ing them paid cannot be maintained,
because there is nothing to show
whether or not the Board ever made
any determination at all as to the
number of ballots furnished.
The claim was no doubt allowed by
the Board of County Commissioners
upon the theory that the claimant
was entitled to the maximum rate per
precinct, and payment for 1000 bal
lots per party for each precinct, even
though he furnished less than 1000
ballots for such precinct. This is the
theory upon which the claim was
filed, as shown by the agreed state
ment Of facts herein.
Since all of the parties agree that
no more than 1892 ballots were
furnished, it is clear, therefore, that
the Board had authority to pay for.
such number only, and that any sum.
ordered paid in excess Of that which
should be paid for 81 1892 ballots was
without the jurisdiction Of the Board,
and the act 9of. the Board is. void to
that extent.
A Board of County Commissioners
cannot act in excess of their authCrj-
ty, and If they do act in excess Of
their authority such act is void. Paci-
flc County V. Willapa Harbor Pub
fishing Company, 153 Pac. 361
Wash. Honey v. Board (Kans.) 70
Pac. 333.
In the case of Pacific County ".
publishing CO., the court said as fol-
lows:
1.-THE Council and the commits
sloners find their authority to
bind their principals in the stat
ute, and must exercise the powers
conferred upon them in strict