Newell & Williams v. El Dorado County

In support of the demurrer, it is urged that inasmuch as the County is a quasi Corporation organized for the purposes of government, and the Board of Supervisors its managing agent, the Supervisors can exercise no other or further powers than those expressly conferred by Statute, and that the Statute confers no power to make this contract.

The Act of 1855, under which the Board was organized and acted, confers the following power: “ To control the prosecution and defense of all suits to which the County is a party.” (12th Sub. Sec. 8.) “ To examine, settle, and allow all accounts legally chargeable against the County ;” (2d Sub. Sec. 9,) “ and to do and perform all such other acts and things as may be strictly necessary to the foil discharge of the powers and jurisdiction conferred on the Board.” (13th Sub. Sec. 9.)

In the 16th Sec. of the Act is contained the following restriction:

If the Board possessed the power to make the contract, it was derived from the foregoing provisions of the Statute and the Constitution. The Board is the creature of the Statute, and has no power or jurisdiction beyond what it confers. This position has not been controverted, nor could it be…