Couch v. Zenor

On Motion for Kehearing.

This appeal is being prosecuted by a court one of whose chief duties is to cut down the expenditure of public funds of the county as much as can be done, consistent with good service, and to conserve and protect the interests of taxpayers, rather than to extend gratuities and bonuses to private individuals, and who are insisting on paying bills to those doing work for the county far in excess of that asked by less favored individuals. In this, connection, it is appropriate to say that the auditor, Charles D. Turner, who passes upon the justice and propriety of accounts against the county, and the county treasurer, S.G. Guzman, who has the funds of the county in his charge and keeping, are not appealing from the judgment of the lower court te-straining the. approval and payment of the claims of the newspaper, hut do not complain and are perfectly satisfied with the judgment. No money of the county can be obtained without their aid and consent. They have not appealed, and the judgment of the trial judge would remain in effect as to them, no matter what might be the action of this court as to the county judge and commissioners. With the injunction in effect restraining them from paying out the people’s money on unconscionable bills contracted by the commissioners’ court, appellants could accomplish nothing. The county auditor and county treasurer evidently have no desire to satisfy such demands, and therefore are not complaining of the restraint imposed upon them by the writ of injunction.

The motion for rehearing is without merit, and is overruled.