The Auditors In The Air

Mix-up Over the Question May Get Into Courts

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IS BOARD A LEGAL BODY

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What Position Will Clerk and Treasurer Take -- Will Treasurer Pay Bills Audited by Board

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As the time draws near for the new county board of auditors to take hold of the duties assigned it by the statute, indications point more and more to a possible mix-up which may find its way into court. The law provides that the county clerk shall be ex [...] clerk of this board. Apparently he does not propose to act, for he did not meet with the board at its recent meeting. Can the board ignore him entirely and appoint its own clerk and do business just the same as though the provision of the law as to clerk is complied with? Or will the matter of his performance of his duties be forced upon him through mandamus or other proceedings? 

Then again the county treasurer is very doubtful about the legality of paying out county funds without the certification of the clerk. There is also confronting him the question as to the legal status of at least one member of the board. Suppose he refuses to pay out money on bills audited by the county auditors as the board is now constituted. What will there be done? Apparently he intends to know whether such bills are legally audited before he pays them. If he shall refuse to pay bills, what will happen then? Will someone mandamus him to compel him to do so?

In any event, therefore, unless these two officials come to see their duty differently than as supposed above, the question of the legal status of the board of auditors, as now constituted, is more than likely to be inquired into.