Williams v. Board of Com'rs of Broadwater County

• Decision Date: 08 June 1903
• Citation: 72 P. 755,28 Mont. 360
• Parties: WILLIAMS et al. v. BOARD OF COM'RS OF BROADWATER COUNTY et al.
• Court: Montana Supreme Court

72 P. 755

28 Mont. 360

WILLIAMS et al. v. BOARD OF COM'RS OF BROADWATER COUNTY et al.

Supreme Court of Montana

June 8, 1903

Commissioners' Opinion. Appeal from District Court, Broadwater County; F. K Armstrong, Judge.

E. A Carleton presented a claim to the board of county commissioners of Broadwater county. From the action of the board in allowing part of the claim, David T. Williams and other taxpayers appealed to the district court, which rendered judgment against appellants, and they again appeal. Reversed.

E. H Goodman, for appellants.

CALLAWAY C.

It appears from the record that the board of county commissioners of Broadwater county, at a special meeting held in January, 1899, employed George Lambert and another to index the records of their county, and ordered the county clerk to give Lambert and associate access to his office and to the records therein. This the county clerk, upon the advice of the county attorney, refused to do. After the adjournment of the board Durnen, its chairman, met Lambert upon the street, and directed him to employ counsel for the purpose of bringing an action against the county clerk saying that the county would pay the bill. The board of county commissioners, while in session, never authorized Lambert, or any other person, to employ counsel. Under the direction given, Lambert employed E. A. Carleton, and Durnen afterwards saw Carleton concerning it. Application was then made to the district court, in behalf of Lambert, for a writ of mandate to compel the county clerk to give the desired access to his office and records. The case finally reached the Supreme Court, where the application of Lambert was denied, on the ground that his contract with the board was void. State ex rel. Lambert v. Coad, 23 Mont. 131, 57 P. 1092. Thereafter Carleton presented his account against Broadwater county, claiming the sum of $255.50 "for legal services and expenses in the conduct of the cases of Lambert v. Coad and Coad v. Lambert, which cases were tried in the district court of Broadwater county and the Supreme Court of the state." During their September, 1899, session, the board allowed Carleton one-half of his claim. From this action David T. Williams and other taxpayers of Broadwater county appealed to the district court, which rendered judgment against appellants, and ordered the board to pay Carleton's bill as theretofore allowed. From such judgment, and an order denying a motion for a new trial, Williams and others appeal to this court.

From the foregoing facts it will be seen that the board of county commissioners of Broadwater county did not employ, or authorize any one to employ, Carleton. "Each county must have a board of county commissioners consisting of three members." Pol. Code, § 4210. "All meetings of the board must be public, and the books, records, and accounts must be kept at the office of the clerk, open at all times for public inspection, free of charge." Id. § 4216. The board must hold four regular sessions each year, at the county seat. Id. § 4220. "If at any time after the adjournment of a regular meeting the business of the county requires a meeting of the board, a special meeting may be ordered by a majority of the board. The order must be...