## TEEATTORNEY GENEJRAI.

Gerald C. !&inn OgFTEXAS AUSTIN. TEXAS

Honorable Burl Brlttaln CouptyAuMtor San Patricia County Sinton, Texas
Dear Sir: pIion No. 0-9!Se 13 w : Validity of the Conuulssionerst Court Order, dated April 8, 1940.
Pour recent re uest for an opinion of this department on the question as 9a herein stated has been received.

We quote from your letter as followa: "InoloseUherewith is a certifleed copy of a Commissionerat Court Order dated February 12, 1940 revealing the aotion of the Ccmnlssionerb~Court relative to a petition to Bsploy a County.Servlce Office, algneUby E. W. Isabel and 126 other citizens,which was presented to the Court by Mr. 3-W. Fork @There is ala0 inclosed a certified copy of the Com&eeioner*s Courts Order dated April 8,~1940, which reveals the Mnal disposition taken by the Court on the petitionpresented by Mr. J. W. Ford on February 12, 1940. wWLllyou please adviseme whether or not the action taken by the Court on April 8, relative to the applicationand petitionpresented on February I.2is conatitutlonal.
"In as much as the Case Worker for this County did not apply to the Commlssioner~sCourt for an assistant and nhen,advLsed of the employment of the assistant requested thathe not be sent to her offQlz%f-Jz

al&.. %rpp3ac%

+.I2 'pp, +a b=LQllQuxw unb3.P subterfuge,but I want your opinion on the subject."
We quote the above mentioned petition (omittin the names signedthereto)and themotion of the Commissioners f Court, bearing date of February $2, 1940, togetherwith the order of the Conrmissloners' Court, bearing date of April 8, 1940, all of nhich is duly~certified $0 by the Clerk of the County Court of San Patricia County:Honorable Burl Brittain, Page 2

"Therewas presented to this Connwlsslonera~ Court, a petition signed by E. W. Isabel and 128 other cltfzene of the County,-petitioningthe County Commlssloners~Court to employ a County Service Offlcer, to assist the County case Worker in working with ex-seavicemen and their families. On Motion made by Corn. E. H. Jackson, secondedby Corn. W. E. Tedford, and all Commissionersbeing prewent and voting ‘Aye’ and none voting "Nay' petition received and orderedheld for further information from other sectionsof the County, as most of the names were from Sinton and Odes. "Petition to Employ a County Service Officer.
THE STATE OF TEXAS COUNTY OF SAW PATEICIO WHEFtEAS,there is a need among the ex-servicemen and fsmllies of San Patricio County, Texas, for a service officer to assist them in the securing of benefits to which they are entitled by reason of their service to the Government, in securinghospltalleatlonand medical care as well as benefits to which they are entitled, and:QlElZHEAS,

the securing of said benefits dll, in numerous casesbe of direct benefit to the County, In that the County is often calledupon to assist those rho are entitled to medical and other care from the Federal Governmentby reason of theirwartime service,which will relieve the County of this burden; 'ETBEBEFOEE,

We the underslgned resident tax payers of San Patricia County,Texas, respectfully fl" tltion the Honorable Commissioners'Court of San atriclo County, to employ a suitableperson, famillar with the needs of ex-service men and their fsmllles and of the benefits to which they are entitled, to take care of this work." "There Game up for considerationthe matter of employing an assistant Case Worker in San Patriclo County, and it appearing to this court thatMr. J. W. Ford is a suitableperson for this position, and that it would be to the advantage of the citizenship of San Patricia County that such assistant Case Worker be employed,It is hereby ordered that Mr. J, W. Ford be employed as assistantCase WorkerHonorable Burl Brittain,~Page3

at a salary of $35.00 per month, effectiveApril 1, 1940; and that said employmentbe continued until December 31, 1940, unless the relief setup requiring the employment of Case Workers be sooner discontinued. *Motionmade by CommissionerE. H. Lewis, secondedby E. H. Jackson and all commissioners being present and voting "Nay,' it is 80 ordered." {Aye’ and none voting

We 8re of/the opinion thatwe c8nproperly pass upon the validity of the above mentioned order of the Commisaioners’ Court without deciding any constitutionalquestion thatmight be technically raised. A constitutionalquestion till be passed upon only when neceesity arises; and the courts are loath to dealde such question8unless they have been dlrectly raised and arguedby counsel. Black Bros. VS. State, 253 S. W. 576; City of H uston vs. #ouston City Street Bailnay Co., 19 S. W. 127; T8xas Jur.,Vol. 9, p. 426.

We quote from Texas Juris.,Vol. 11, pages 563-4-5, aa follows:

'Counties,being componentparts of the state, have no powers or duties except those which are plainly set forth and defined in the constitutionand statutes. The statuteshave plainly defined the powers,prescribed the duties, and imposed the liabilities of the commissioners’ courts, the medium throughwhich the different counties act, and from those statutesmust come all the authorityvested in the counties. "

. . . . " CominIsaioners~ court8 are courts of li~t~d*j~rl.sdlctlon,in that their authority extends only to matters pertaining to the geners,l welfare of their respective oountiesand that theirpowers are only those expres~sly or impliedly conferredupon them by law,--that is& by the constitution and statutes of the state.
We have carefully examined the various statutes. and portions of the constitutionwith reference to the powers.- Honorable Burl Brittaln, Page 4

and authorit of the Commlaaioners~Courts, and 80 far as we have been ab9e to find, there is no power, right or authority expressly or implledlg conferredupon the Connnissioners~ Court8 to make and enter an order in the minutes of said court, as above Indicated. Therefore,you are respectfully advised that it is the opinion of thisdepartment that the order of the Commissioners~Court,bearing date of April 8, 1940, as above quoted, is invalid.

Trusting that the foregoingfully answersyour inquiry,we are Yours very truly
ATTORNEYGENERAL OF TEXAS By ha/ Ardell Wllll8ms Ardell Williams Assistant AW:oe:wb
APPROVED JGW 18, 1940 /a/ Gerald C. Mann ATTORNEY GRNRRAL OF TMAS

APPROVED: OPINION COMUITTRR
BY: BWB ChRiZlllW3