Conklin v. Woody

JAMES, J.

Appeal from a judgment directing the issuance of a mandate against the defendant requiring him, as auditor of the county of Kern, to draw a warrant in favor of the petitioner in payment for services and certain expenses incurred as described in the demand of petitioner filed and approved by the board of supervisors of said Kern County.

On the second day of March, 1915, the board of supervisors of Kern County, by more than a two-thirds’ vote, adopted the following resolution:

“It appearing to the satisfaction of the board that the communication delivered to this hoard on the 10th day of February, 1915, from the District Attorney, discloses the situation supported by facts that make it necessary, in order to have the cases now pending in our Superior Court and which

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were pending at the time the present District Attorney entered upon his duties, promptly and diligently prosecuted, as the law requires, in connection with the handling of the current business of the County; that it will be necessary for the District Attorney to incur expense in the employment of special prosecutors or counsel, and it further appearing from said communication and from facts within the knowledge of this board that action should be instituted for the recovery of penalty upon bonds given to the county on bail for present fugitives from justice and under liquor licenses revoked, and the board being of the opinion that it would be in the interest of the county to have this work done forthwith, and such expense incurred

therefor;

Be it Therefore Resolved that the necessity for incurring of said expense exists, and that the District Attorney be and he is hereby authorized to incur for the purpose of employing not exceeding three special prosecuting attorneys or counsel for a term or terms not to exceed three months, not to exceed $125.00 per month for each of such prosecutors or counsel, such services to be rendered in the prosecution of criminal cases and prosecuting of suits upon said bonds.”

Pursuant to the authority alleged to have been conferred by this resolution, the district attorney employed petitioner and he later filed his demand with the board of supervisors. The demand was itemized as required by law, the first item of which was for rental of an automobile in traveling from Bakersfield to Taft “in investigation and searching for evidence in criminal ease of