30 How. Pr. 173 | N.Y. Sup. Ct. | 1865
On the application of the relator, an order was issued to the board of supervisors of St. Lawrence county, requiring them on a day and. place specified, to show cause why a peremptory mandamus should not issue to compel said board to allow an account at its full amount, presented against the county by the relator.
At the time and place designated,1 the board by its counsel, appeared, and moved to dismiss the order. 1st. Because the affidavit attached to the account was insufficient; and 2d. Because the order asks for a writ directing the allowance of a specific sum, and the amount to be allowed was in the discretion of the board. The questions arising on this motion being reserved for further consideration, the facts were agreed upon, and the whole case submitted for adjudication.
The following are copies of the account, verification and certificate, presented by the relator to the board at its regular-annual meeting in 1864:
■St. Lawrence County,
To B. F. Sherman, Dr.
1864, October. To chemical analysis for the detection of poison of the remains of Julius Benny’s dinner, by order of the district attorney..................................$125 00
$135 00
St. Lawrence county, ss: B. F. Sherman being duly
sworn, says, the above account is correct, the services therein mentioned were rendered, and the charges are just and reasonable, and no part thereof has been paid.
Signed and sworn.
I certify that I directed Dr. B. R Sherman to make a chemical analysis of the food found in the possession of Julius Denny, claimed to have been poisoned; that such examination was absolutely necessary for the prosecution of Mrs. Susan Denny and Julius Labeau ; that in my judgment his charge therefor is reasonable.
B. H. Vary, Dist. Attorney.
This account, with others, was by the clerk of said board classified with miscellaneous accounts, and by a standing rule of the board referred to such committee. Afterwards, said committee made a report to said board, wherein said accounts were in part allowed, in part disallowed, and a portion allowed in part and disallowed in part. From the account in question, $55 was deducted and $80 allowed. But no reason was given by the committee for such deduction. Said report was read to the board in detail: was amended by allowing an account rejected, and then as amended, adopted by said board.
Among the powers delegated to boards of supervisors at their annual meetings, is that of auditing accounts against the county, and providing means for payment. The statute states their duty and powers thus : “To examine, settle
and allow, all accounts chargeable against such county, and to direct the raising such sums of money as may be necessary to defray the same ” (1 Rev. Stat. 5th ed. 548,
The services charged for in the account rendered, were properly chargeable against the county. They were ordered by an officer of the county, within the sphere of his duty and scope of his authority ; they were necessary to the proper administration of criminal justice in the one case, and to a proper inquiry of the crime in the other, and the board" by its action acknowledged the liability of the county, and the right of the relator to compensation. The only question between the parties is, what should be the amount ,of that compensation.* The relator claims and insists, that he should be allowed his whole charges ; that the account being verified, the board upon its own mere “ ipse dixit” had not the right to reduce the amount charged ; that if it can be done at all after the verification.
It is often alleged that boards of supervisors have no fixed system or rule in settling unliquidated accounts presented for their action; that they act arbitrarily; often making deductions without sufficient investigation or inquiry, until a system has grown up of charging the county more than individuals, in order to meet the contingency of arbitrary deduction by the board. Such a practice is wrong, and while an arbitrary deduction from such accounts would be just, it would be unjust to such as presented claims at a fair price. Therefore it would be better, if the board would, in every instance, inform itself of the real merits of the claim, in order to determine understandingly the true sum at which it should be settled. To that end, the board of its committee, are invested with authority to call before them witnesses (1 Rev. Stat. 5th ed. 855, § 38), and with power to compel their attendance (Id. 852, § 20), and examine them as to facts or as experts. In The People agt. Supervisors of Fulton (14 Barb. 52), the account was for services as district attorney. No one of the board being lawyers, they called before them the county judge, and took his opinion, which they followed. In that case, too, they gave the claimant notice, that he might appear and explain, which he did. All this was quite proper, and showed an anxiety on the part of the board to act understandingly. In some instances members of the board have a practical knowledge of the subject matter of the account. In such cases they may be examined as experts, either
But all this is not material to the case as before me, further than to illustrate the importance of giving to each claimant whose charges are deemed too large, an opportunity of being heard in explanation thereof. This account having been by the board referred to a committee, that
Order for a peremptory mandamus denied, with $10 costs.