The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1924-03-22
BOARD
TO ACT
MONDAY
Paul Gets Legal
Advice From His
Lawyer; Two Be
hind Move
BY JOHN w. NELSON


Action to end the ugly
rumors that have circulated
around alleged practices OF
County Auditor D. E. Fergu-
son in the conduct of his of
flee, viii be taken Monday
by the board of county COM
missioners, when Commits
sioner Frank Paul will urge
the board to pass a resolu-
ton calling for an investiga-
ton Of the charges.
Commissioner William Gaines said
Saturday he would favor the in
yestigatlon. Commissioner Tom
Dobson was In the country and
could not be reached.
In an anonymous letter. signed
"The Protest Committee" addressed
to Judge Everett Smith and board
members. Ferguson is accused or
having collected toll from his en-
ployes for campaign and personal
purposes.
Acting on an opinion furnished
him by Attorney Tom d. Page,
Paul will present resolution 10
the board AZ its regular meeting
Monday. demanding full. complete
and impartial investigation, he an
nounced Saturday.
For the sake OF decency In
county government, and in all
fairness To employees in the
county auditors office and TO
Ferguson himaelf. the truth or
falsity Of these charges should
be established by a full in.
vestigation." Paul said.
The theory OF law on which I'll,
board may proceed. according to the
opinion rendered by Page. is taken
from the 18th Corpus Juris. page
ass. as follows:
Generally speaking. except as
otherwise provided by law, the
county commissioners ordinarily ex-
ercise the corporate powers of the
county. The board is. in an en-
larged sense. the representative and
guardian of the county. having man.
agement and control Of its property
and financial interest and having
original and exclusive Jurisdiction
over all matters pertaining to county
affairs. Within the scope of its
powers 1t is supreme in its acts
and the acts of the county"
After calling attention to the fact
that the board has no supervisory
authority or judicial powers. Page
declares the board may adopt such
means as in its judgment shall be
expedient in assisting other county
officers to avoid mal-administration
OF their official duties.
''If. in tho opinion of the
board, any county officer Is so
conducting his Office as 10 bring
odium or discredit upon his Of
flee, Il then becomes the duty
Of the board 20 bring this TO
the attention Of the prosecuting
attorney for proper action" the
opinion says.
II believe the board has au-
thority TO organize itself into an
investigating commission TO de
termine whether money has
been extorted from county en-
ployes," Commissioner Paul
said. ''Should IL develop that
any county officer has extortcd
money, or that money has been
paid out OF the salaries of em.
ploycs to any county employc
from funds that such county
officer recommended by way Of
his budget as necessary ex-
penses for salaries, the board
has n right to take steps 10
compel such officer to refund
10 the county such sums
Indignation at the prevalence of
the charges against Ferguson is
growing among other county Of
ficers. Sentiment is widespread that
an investigation should be made Of
the charges, which. 1t Is pointed
out, cast odIum upon all county Of
ficers.
Members OF tho auditors staff
were reported in quandary Satur-
day as 70 their position should
they be called upon to explain the
signing of an affidavit, passed
around at Ferguson's insistence.
vowing that no funds had ever
been collected by Ferguson. should
the facts be proved otherwise.