McBride v. Hardin County
McBride v. Hardin County
Opinion of the Court
It is admitted that E. H. McBride, plaintiff, was the proprietor and publisher of the Eldora Ledger, during the year 1878. It is agreed that said plaintiff published the proceedings of said board, at the January, April, and June sessions thereof, 1878; and such proceedings published, by them in eluded therein a schedule of the receipts and expenditures of the county, which did state the names of all claimants, the amount claimed, the amount allowed, for what purpose allowed, and a full statement of the amounts of the treasurer’s account current in making such settlement, and that said plaintiff, on the third day of September, A. D. 1878, filed with said auditor his claims as follows:
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“It is also agreed that said auditor furnished to plaintiff*222 manuscript copies of the proceedings of the said board sufficient to produce one hundred and twenty eight-squares of the amount contained in said claim, and no more; arid the board allowed plaintiff therefor the sum of $41.98; and it is agreed further that plaintiff procured published schedules of receipts and expenditures of the county, and of accounts of the treasurer, and other matters recited in section 304 of the Code, and, as provided by said resolution, should be furnished to and published by the Herald, amounting to $35, which was included in plaintiff’s said claim of $76.68; and that said board refused to pay said $35, which was included in plaintiff’s said claim of $76.68; and that said board refused to pay said $35 therefor, the same having been published in the Herald and paid for by the county; that defendant claimed plaintiff was not entitled. to recover for publishing these accounts, and such accounts were not included in the contract.
“The plaintiff claims he is entitled to recover for publishing these last items under such resolution. The plaintiff refused to accept the sum allowed by the board, and brings suit.
“It is admitted, that if plaintiff’s theory is correct, he should recover $35. If defendant’s theory is correct, plaintiff is entitled to nothing under first count of petition. The amount charged being correct, if plaintiff was entitled to publish the matters contemplated in section 304, as part of proceedings.”
Section 304 of the Code is as follows: “They shall cause to be made out and published immediately after each regular or special meeting of the board, in at least one newspaper, if there be one in the county, and if not, by posting on the court house door, a schedule of the receipts and expenditures of the county., which shall state the names of all claimants, the amount claimed, the amount allowed, for what purpose allowed, and a full statement of the amounts of the treasurer’s accounts at the last settlement as on his balance sheet, or account current in making such settlement.”
The board of supervisors shall, at its January session of each year, select two newspapers published within the county, or one, if but one be published therein, having the largest circulation in the county where published, in which the proceedings of said board shall be published at the expense of the county, and in counties having eighteen thousand inhabitants, a paper printed in a foreign language, if published in said county, shall also be selected, in which such proceedings shall be published; and the auditor shall furnish such papers selected a copy of such proceedings for that purpose; provided, “That the cost of such publication shall not exceed one-tliird the rate allowed by law for legal advertisements.”
Section 304 of the Code was contained in the Eevision as section 313. Section 307 of the Code was embodied in chapter 118, laws of 166. It is evident that they refer to distinct matters. The matters referred to in section 304 are required to be published in one paper only, without any requirement that it shall have the largest circulation in the county, and without any limitation as to compensation. The matters referred to in section 307 are required to be published in two papers having the largest circulation in the county, and limitation is imposed upon compensation to be paid. In Haislett v. The County of Howard, post, it was held that the semi-annual report of a county treasurer, made by him to the board of supervisors at the time of his settlements, is not a part of the proceedings of the board, and should not be published by the board as a part of its proceedings under section 307 of the Code. Section 303 of the Code makes it the duty of the board to examine and settle all accounts of the receipts and expenditures of the county, and to examine, settle and allow all just claims against the county, unless otherwise provided for by law.” It follows that the settlement and allowance of claims constitute a part of the proceedings of the board.
It would seem from the agreed statement of facts that
II. The demurrer to the third and fourth counts of the petition was properly sustained. The county of Hardin is in no way concerned m the voting ol
Beversed.
Reference
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