Harris v. Gibbins

McFarland, J. The board of supervisors of Modoc county, upon the recommendation of the grand jury, employed the appellant as an expert to examine the books and accounts of the county officers of said county at an agreed compensation of five dollars per day. He faithfully performed his duties under said employment, and made his report to the board. He duly presented to said board his itemized claim for his services in the sum of one hundred and five dollars, which was the just amount due him under the contract; and the claim was by said board regularly approved and allowed. But the respondent, who is county auditor of said county, refused to draw his warrant for said allowed claim, or any part of it. Whereupon appellant commenced this proceeding in the superior court to obtain a writ of mandate commanding said respondent to draw such warrant. The case was submitted in the court below upon a demurrer to the petition; and the court rendered judgment in favor of respondent and ■dismissing the writ. From this judgment petitioner appeals. The only question involved is whether or not appellant’s claim is an account “legally chargeable against the county ”; and this depends upon the solu[420]tion of the question, Did the board have legal authority to employ the appellant for the purpose above stated?

The board of supervisors constitute the general governing body within the domain of local county governmental affairs; and while their jurisdiction is confined within the limits marked by the statutory law by which such jurisdiction is granted, still it includes not only the powers expressly enumerated, but also those implied powers which are necessary to the exercise of the powers expressly granted, except in the instances where such implied power is expressly or impliedly prohibited.. And we think that authority to employ the appellant for the purposes set forth in the petition in the case at bar is necessarily implied from the powers specifically given the board in the County Government Act. (Stats. 1893, p. 346, et seq.) It is there provided (County Government Act, sec. 1) that counties “are bodies corporate- and politic, and as such have the powers specified in this-act, and such other powers as are necessarily implied.” It. is also provided that — speaking of a county—“its powers can only be exercised by the board of supervisors, or by agents or officers acting under their authorityr or authority of law.” (County Government Act, sec. 2.)-It is also provided that a county—acting, of course,, through its board of supervisors—has power “to make such contracts, and purchase and hold such personal property, as may be necessary to the exercise of its powers’ (County Government Act, sec. 3.) It is further provided (County Government Act, sec. 25) that the board of" supervisors shall have jurisdiction and power “ to supervise the official conduct of all county officers, and officers of all districts and other subdivisions of the county charged with the assessing, collecting, safekeeping, management, or disbursement of the public revenue; see that they faithfully perform their duties,. direct prosecutions for delinquencies, and, when necessary, require them to renew their official bonds, make reports and present their books and accounts for inspection”;, and “to do and perform all other acts and things re