40 How. Pr. 53 | N.Y. Sup. Ct. | 1870
In December, 1868, the board of supervisors of Cortland county contracted in advance for all the printing required by the county officers of that county for the coming year, at a fixed price, with one Jones. The county officers did not regard that contract as binding upon them, and each employed the relator to do his official printing. The clerk and surrogate agreed with him, as to the price of the printing done for each of them. The price agreed upon was reasonable, and according to the usual rates charged by other printers, for the like services, but more than Jones had contracted with the board to do it for. At the annual meeting of the board, in November, 1869, the relator presented his bill for printing done for the clerk and surrogate, according to the pric.e agreed upon between him and them, and the printing done for the sheriff, according to the rates by statute, and for printing the session laws. The board, regarding the contract it had made with Jones for the printing of that year, as binding upon those officers, audited and allowed the relator’s bill according to the rates prescribed in the Jones contract. If the board was right as to the binding nature of that contract, it was right in allowing the bill according to it. The relator, knowing of such contract, and agreeing to run the risk of getting his pay according to the
To provide in advance for the official printing of the several county officers is no part of the duty of the board of supervisors. The board, in performance of its duty, is governed by the statute. It has no power or authority except what is derived therefrom. The statute does not authorize or empower them to contract, in advance, for such printing. (The People ex rel. Hasbrouck v. The Board of Supervisors of the County of New York, 21 How. Pr. 322. S. C. 22 id. 71.) It leaves those officers to perform their duties under the direction of the statute, untrammeled and uninfluenced. They take an official oath for the faithful performance thereof, and are responsible to the power that gives them their official existence, for the manner in which they do it, and are liable to impeachment in case they corruptly neglect or refuse to perform their duty. The supervisors have no supervisory power over them. They have no power or authority to direct the clerk whom he shall employ to do his official printing. They have no power to direct, in advance, what price he shall pay or agree to pay. That trust has been reposed by the people in him, and what he does as such officer is entitled to respect as the act of an officer of the county.
But the board occupy a very important position. Ho sum of money can be collected of the people, for the payment of bills, except by its action. All bills against the county are to be presented to and audited by it. Unless the sum for such services be fixed by law, authority, custom or binding contract, its members have to consider and pass upon such charges and allow such sum as in their judgment is right and proper. In such cases their judgment cannot be interfered with by any court on an application for a mandamus. In those cases they have a
If the statute prescribes the sum to be received for such services, the board are required to allow the bill according to such statute. It has no discretion over it. The legislature has passed upon the question, and the board can only carry out its requirements. If the sum is fixed by a binding contract, the court is equally bound to allow the bill in accordance therewith. In this case the clerk and surrogate contracted with the relator to do the printing he did for them, at a specified price. The several contracts of the clerk were for the printing necessary to enable him to perform the duties of his office. It was legitimate and proper printing for him to procure to be done. (21 How. Pr. 322. 22 id. 71.) As to such printing, his contracts in the name of the county were binding upon the county. (3 Wend. 193.) "The clerk could have paid for the printing, himself, and presented his bill for the money paid. (18 John. 241.) He could procure the printing to be done on the credit of the county, as is usual, and the person doing it could present the bill and be entitled to be allowed the price agreed upon between him and the clerk. The relator having been employed to do his printing at an agreed price, it being within the scope of the clerk’s authority, the sum agreed to be paid being no more than a reasonable compensation for the services, the board is not at liberty to interfere with-that contract, but should cause to be levied and paid the amount due thereon. ■ If a dealer or mechanic makes a contract with a public officer, in the name of the county, as to a matter within the scope and authority of that officer, and a contract he had a right to make, it is binding upon the county, and must be performed, the same as if it was between two private individuals.
The same reasoning is applicable, in all respects, to the contracts the relator made with the surrogate. The contracts made with him were similarly situated; the same conclusions must be had as to them.
As to the printing done for the sheriff, there was no contract as to the price. The sheriff requested the relator to do it.. He did it, and charged, for all that was done before the 11th of May, 1869, according to the law of 1859, and all subsequent to that time, according to the law of 1869. The printing consisted of legal notices required by law to be published. Chapter 252 of the laws of 1859 provides that the proprietor of any newspaper may charge and collect, for publishing any notice, order, &e., not more than seventy-five cents per folio, for the first insertion, and thirty cents for each subsequent insertion. Chapter 831 of the laws of 1869, passed May 11, 1869, so amends the act of 1859 as to allow the printer fifty cents per folio
There is still another view to be taken of the action of the board upon this account, aside from the session laws, from which the conclusion is derived that the action of the board was erroneous. It did not pass upon the account, otherwise than to ascertain how much it would come to, allowing for the different items the prices specified in the Jones contract; that contract had no binding force upon it; it should not have been taken as a guide in its action upon the account. If there had been no law or contracts by which it was required to allow the different items so as to bring it under its discretion, it should have examined each of them, if necessary, taken evidence, heard proofs and explanations from the relator, clerk and • others, and with the best lights they could get to guide the members of the board, determined what, in their judgment, was right and proper to be allowed for such services. That it has not done. Under these circumstances, the board would be required to act upon the matter. (Hull v. The Supervisors of Oneida, 19 John. 259.
After this action of the board upon the relator’s account, it caused to be made an order on the treasurer, directing the amount allowed him to be paid. The order was delivered to a member of the board, to be handed to the relator, which was done. The relator refused to receive it in full of his claim, and notified the person handing it to him that he should at once commence proceedings to
The relator should be allowed costs of this proceeding.
Murray, Justice.]