The producers news., 1927-12-16


the duty of each member to look after
| and take charge of all road and bridge .
matters in his district, and to make .
necessary and proper repairs to roads +
and bridges and culverts therein and /
/ to make report thereof to the board; |
/ that under and by virtue of that au-
! thoTity of the board, the defendant |
! lversOn, at the times specified IN the |
/ accusation, performed the work indl- |
Gated in the accusation, in viewing
inspecting and repairing roads ana
bridges within his district, and within
the county; that at subsequent meet
ings of the board he made oral report
to the board of the work performed
by him, and that, while in most cases,
no formal order was entered by the
board, or by the clerk, in the minutes
approving the same, the bills for his
services and expenses in performing
proved and paid by the board.
"The evidence further conclusively
shows that the county of Sheridan
received full value for the moneys SO
paid to defendant on account of such
services and expenses, and that such
services were rendered and money ex-
! pended in good faith and in the hon
est belief by defendant that they con
/ stituted legal and proper charges
, against the county; and that the de-
t fendant in so charging and collecting
said sums, acted in good faith, with
out any corrupt motive.
2 "By reason of the complete absence
/ of any testimony showing a corrupt
: motive by defendant, probably should
r have sustained defendants motion for
: a nonsuit, but, not having done So,
4 and having heard the proof showing
: good faith and lack of corrupt motive
D on the part of defendant, and the full
value received by the county for the
2 work performed by defendant, a deci-
r sion and judgment for defendant is
: inevitable.
), ut is apparent from the testimony
n of the witnesses, Madison, county clerk
S and recorder, and French and defend
e ant lverson, that the minutes and rec
d ords of the board were very loosely
r and imperfectly kept, that the clerk
whose duty it was to make full, true
and complete minute entries of all re-
ports and proceedings presented to the
d board, seldom, if ever made any min
5. ute entry of the oral reports of the
r commissioners as to the road work
d done by them, or as to any action tax.
ir en- by the board, save and except
d. the action of the board in allowing
id and approving claims charged against
ir the county for such services.
IS In the absence of such minute o.
ir record entry, parole testimony was re
)r cclved on the trial, under the author
ly lty Of McKinnon VS.. Read, 251 Pac
vs. 548.
re CORAL evidence respecting such re
n ports all tends to show tnat at tn
lie sessions Of the board following tn
n. performance of the work, defendan
OF and another commissioner, French
n talked over or discussed the road an
nc bridge work in their respective dis
of tticts with the board, advising tn
e board OF the work done, and presente
he their claims for compensation for tn
ch same, which claims were allowed an
els subsequently paid. While that meth
ng od OF receiving and approving sue
a reports is irregular and not to b
to commended, | hold that the pavmer
es OF the claims after knowledge of tn
nd nature and character of the wor
ng done, cures such Irregularities an
substantially amounts to approv;
an and acceptance by the board of tn
1T work done, where it also appears. a
MS 1t does in this case, that the count
received full value for the >work don
for it, and that the defendant an
] french, another commissioner. acte
: IN good faith, and without anv col
Ie- rupt motive.
ie- ~
lot IF the simple failure of the count
-, - commissioners or clerks to strictl
~. and technically comply with the la,
Il; lf;' IN making entries of road inspectio
~ on the minutes of the board is to /
~ ~ heId to constitute a corrupt act {
III omission for which the commissioner
a. ~ may be remoevd from office, it is il
% deed doubtful if there is a conlroi
Sloner IN any county in the state WI
Is not subject to removal. =
AS to the trip made by the d
fendant to Billings to attend the sta
meeting of county commissioners.
was made under the authority
Chapter 124, 1923 Session Laws.
amended by Chapter 48. 1923 Sessi,
Laws, from which l quote:
8 Provided further a.
- @AiAOCA VI LliC DOIdQ Oh county, con
mlSslonerrs may be allowed actu
ef- transportation expense and per die
CIV Tor attendance upon any genel
55n meeting of county commissioners
- assessors held within the state n
", H., oftener than once a year.
~ I regard as trivial the contenti
I'll one of plaintiffs counsel that the wor
"a for attendance" in the above statl
any any limits the defendant to the three da
anu anu of actual session of the meetir
me ln1z when the proof (if any were REQUIRE
1cA Go shows that it requires at least Q
lea. :: day to go from Plentywood to B
~ ~ lings, and one day to return bv
AeJ aJ usual and ordinary means of tral
ana portation.
5Io- o1. For the foregoing reasons. it f
lel, @ lows that defendant is entitled
.eeP Judgment dismissing the case, and