| Iowa | Oct 18, 1917
The two propositions are so closely related that they will be considered together. Without setting out the contract in detail, it provided substantially as follows: That appellee should make contracts for dragging the roads, supervise the work on draggable roads, keep approaches to culverts and bridges and the openings to all culverts and drainage ditches in good repair, the roadside free from weeds, brush and other material, use such tools and -methods as are necessary to keep the roadway rounding in shape, do all permanent grading work, in accordance with the plans and instructions of the county engineer, work out and supervise poll taxes, report unsafe culverts and bridges, notify owners to cut and destroy all noxious weeds, employ such assistants as were necessary, at a compensation to be approved by the board of trustees, certify itemized bills for dragging, maintenance or repair work, make report of all work done by himself and assistants, and perform other designated services.
Section 1527-sl3, Supplemental Supplement, 1915, pro-' vides:
a* » gaj(| superintendent or superintendents shall have general supervision of all dragging and repair work on the township road system, including the placing of temporary culverts, and the term of office and compensation of such superintendent or superintendents shall be at the discretion of. the township trustees. The superintendent shall see that the approaches to all bridges on said roads are maintained in such manner as to present smooth and uniform surfaces, and keep the openings to all culverts and ditches free from weeds, brush and other material that will in any manner prevent the free discharge of surface water. He shall have charge of all draggable roads of the township road system and make contracts for dragging, and shall see that all draggable roads of the township road system*263 are properly dragged at such times as are necessary to maintain such roads in smooth condition, at such price as is reasonable and necessary to secure such contracts, to be fixed by the township trustees. For this purpose there shall be expended under the direction of the township trustees, through the road superintendent, upon the township road system not less than the one mill drag tax now authorized by law. The township trustees shall not allow any bills for dragging, 'maintenance, or repairs work, nor shall warrants in payment therefor be drawn by the township clerk upon funds of the township road system until itemized bills therefor have been certified to by the town, ship road superintendent. A violation of this-section shall •render the toivnship clerk liable on his bond for the amount of said warrant. The compensation of such superintendent for all duties except any dragging- actually performed by him, and the cost of all equipment for dragging, shall be paid for out of the township road funds. He shall at least once a year, or on demand, furnish the township trustees a report of all work done under -and by him.”
Section 1527-sl5, Supplement to the Code, 1913, provides :
íí* * * No member of the highway commission, * * * road superintendent or any person in their employ * ' * shall be, either directly or indirectly, interested in any contract for the construction or building of any bridge or bridges, culvert or culverts or any improvement of any road or parts of road coming under the provisions of this act.”
If the contract in question comes within the purview of this statute, it is void, and plaintiff could not recover for services rendered thereunder.
Without restatement of the above enumerated matters, it will be noticed that, by specific reference, the inhibition
None of the sendees for which appellee claims compensation comes within the prohibited list. It is true that the services include work and the labor done by his teams and men employed by him, and also the superintending of Avork upon the ‘highway; but it does not appear that duplicate charges, for work and labor and services Avhile superintending are included in the itemized statements filed with the township trustees. The superintendent, of course, could not charge for services as a laborer and at the .same time
In the oases cited by counsel for appellant, the doctrine contended for was applied to transactions in which a public officer was involvéd, and they were cases in which, even though no actual fraud was charged, the officer might, in the performance of his public duty, be placed in a situation where he would be required to choose between his private interests and that of his constituency. It is the public policy of the government, state and national, to require all public officials, in the performance of the duties of their office, to subordinate every private interest to the public welfare, and to avoid transactions of every kind which may place private interests in antagonism to public duty. It is true that while, in the performance of his duties, a superintendent renders other services than as a laborer, they are confined to matters not prohibited by the statute; and in no way conflict with the interests of society or public welfare. He must keep a record of the time and services rendered upon the highway by men employed by him or working under his supervision, prepare an itemized statement thereof, certify that same is true and correct, and file the same with the township trustees, who alone are charged with the duty of passing upon the correctness thereof and allowing or rejecting the same. If the charges made by the superintendent are in accordance with the schedule set out in his contract, and he has correctly kept the time of the men and teams working, his claims should be allowed; otherwise, altered or modified to conform to the facts. ' Of course, some reliance must be placed by the township trustees upon the integrity of the highway superintendent, but it may be presumed that the trustees will, in the exercise of their discretion as public officers, look well to the character of men selected for this position, and that they will also exercise
We reach the conclusion that the contract under consideration is not one prohibited by law, and that it is not contrary to public policy. The judgment of the lower court is, therefore, — Affirmed.