The Western news. [volume] (Libby, Mont.) 1933-current, 1938-03-03

under the action brought there was
no ground for removal.
When the court convened this
morning, Judge lockwood quoted
the statute and spoke concerning its
Interpretation. County Attorney
Long also stated that he had per-
sonally held, for many months, the
same understanding of the law. He
further said that under the law he
could take no action until excess
claims had been approved and q
warrant drawn for payment. But
no excess claim had been approved
by the commissioners. 1t was also
brought out that the county had not
lost even cent insofar ais the excess
claims are concerned County At
torney Long also said he had not SO
advised the grand jury as to the
provisions of the law when it was
sitting, as he considered that a iu-
diclal function, action for the court
to take.
Not Legal Claim
When claim is incurred in ex-
cess of county budget, the law
plainly says such excess is not a
legal claim against the county, but
Is claim against the person in
curing 1t. Therefore, recourse car
DC had only by action against tina
official mourning the excess and his
bondsmen. The punishment is that
such official shall be liable for four
times the amount of the excess
claim. However, it is not a legal
claim against the county.
AS the case got under way, the de-
tense objected to introduction of
the excess claims filed with the
county on the grounds that the
prosecution had no proof that they
were actually valid claims against
the county. County Attorney Long
maintained 1t would require CALI
ing l5l witnesses to prove all the
claims. But in view of the ruling
that there were no grounds for re-
fnoval of the defendant from office,
this matter of claims was finally
not pertinent to the action.
Before making his ruling, Judge
lockwood spoke in the hope that
his words might be of benefit to
the commissioners and the public.
He said the law plainly stipulates
tnat county commissioners have no
authority except when sitting as an
official board; that they cannot del
egate general powers to one of the
commissioners whereby he takes al
most any action he wishes That the
board sitting as board can dele
gate some specific act to be done
by one of its members. and the
commissioner has power only to
take that specific action. Any other
action is Illegal said the judge.
Should Take Greater Interest
Judge lockwood also urged the
public to take greater interest in
county affairs. He said people are
prone to find fault after such con-
ditions arise as the present one but
lido nothing to prevent such affairs
developing. He urged citizens to
take more active interest in their
government
One other count against the de-
PENDANT was also dismissed
| Prosecution was handled by Coun-
W attorney Long. Marshall Muir
ray of Libby and Forrest Rock
wood of Kalispell were attorneys
for the defense.
The jury drawn for the case con-
sisted of: Harold Hutton, John e.
Brobst, Clarence Daggett, c. r.
Jewell Arthur Wilson, Ferd Booth
man, WILDER G. Cole, of Libby;
Leonard Goss, A. G. Mackey, Eu-
reka; Bert Kincaid, Troy, T.. r. Bor-
up, Gilbert Street, Gateway.
Following dismissal of the cases
against the county commissioners,
the case of Jesse H. Griggs VS.. X. B.
Marsha was called, but after the
jury had been drawn this case was
dismissed.