Opinion
No. 24754.
March 19, 1935.
(Syllabus.)
1. Elections — Duty of Secretary of County Election Board as Custodian of Ballot Boxes After Canvass of Returns.
By section 6155, C. O. S. 1921 (5808, O. S. 1931), the secretary of the county election board is made the custodian of the ballot boxes after the returns have been canvassed. He must keep them securely locked as provided by law.
2. Same — Secretary not Authorized to Employ Others to Guard Ballot Boxes at County's Expense.
There is no authority of law, express or implied, for the secretary of the county election board to employ the other members of the board or other persons to guard the ballot boxes at the expense of the county.
Appeal from District Court, Hughes County; E.A. Summers, Assigned Judge.
Claim by U.S. Sneed disallowed by the Board of County Commissioners of Hughes County. Upon appeal to district court, judgment was for claimant, and the county appeals. Reversed and remanded.
R.L. Busey, W.W. Pryor, and Hugh Sandlin, for plaintiff in error.
Anglin Stevenson and Vernon Roberts, for defendant in error.
The facts in this case are identical with those in Board of County Commissioners of Hughes County v. Edgar M. Young, No. 24753, 171 Okla. 161, 42 P.2d 281, this day decided. Defendant in error, also being a member of the county election board of Hughes county, filed a claim in like form and for a like amount and for the same kind of services as those claimed for in the Young Case. The two cases were tried together and briefed together in this court.
The conclusions reached in that case are applicable to this case, and the decision of this court is the same.
The judgment is reversed and the cause remanded, with directions to enter judgment for claimant in the sum of $48.
McNEILL, C. J., OSBORN, V. C. J., and PHELPS and GIBSON, JJ., concur.