OFFICE OF THE Al-i’ORNEY GENERAL OF TEX&5 

AUSTIN 

gau0c.M 

-- 

Eonorable Tcm k. Craven 

county Auditor 

IcoLeman colmty 

kaco, Texas 

Dear sir: 

. partncint oi t 

received. 

nion of this destoted has been 

the plan herelnaf ter 

a part of a revolving 

rslr,ation of tho Focd 

intaot to KaLeman 

I(3). Gin ~.:cI.orxl3.n coutg, out of it3 fUDd6, 

pay its propartionate rart of the coat oi rentals 

for facilities in v;hioh to house the %od Staq 

>liq Oi’fiC38?” 
. ,. 

. 

Honorable Toz A. Craven, page 2 : 

*Anew way of distributing surplus foods is 

being tried out. Instead of &ving sur-glus corcodities to States .I couAtic2, and cities which in 

the past hove distributed thazi to Dco,7la rocoiving 

publio aid,. the yedersl Govsr.tx.ont will give Pcod 

order staips to these people directly. m-2 atsaps, 

which will bc aolored blue, can be taken to gocery 

stores where they can be used to obtain surplus 

foods as additions to the present family food sup- 

~pliss+ 

WDveryone currently receiving surplus o~ffiruodities will now be eligible to participate in 

the surplus comodity food star:, plan. In addition, people hvrking on ?j?A jobs, and all other 

persons .receiving or cari;ified for any fororn of 

pnbllo aid, can get the stxmps if they want then, 

*The f00a atamp plan is being carried out by 

the Department of Agriculture in oooperation with 

city, county, and State welfare agencies and the 

grooers. The idea Is to nuke use of som of the 

ram products of which there has been a surplus 

because people did not have the money to buy then. 

Litany fanilies hava been going without eno@ of 

the roodsthat are needed to.ksop childrec and 

gram-up people healthy, at the very sam ,tine 

that famsrs hnd zore of these foods than housewives could buy. 

"The nain idea of ths food Stan? plan is the 

8axe as the idsa of the comoditp distribution 

that people are familiar with -- to u3e part of 

the Pam surplus to give city fanilie3 a chance 

to Cave batter balanced diets; Eor?-aver, the 

star;p plan is different fro3 the old distribution 

p,larr..aa it!oporated, 

"If this plan is adopted in 2:oLeansn County, in 

the future, thsre will not bo any surplus co;=odity 

dopots. The T::ennrtxsnt of &&culture *;ill u3~;a the 

surplus food pr;Cllcts. E'sople lisi,ng the stmps CQA 

go ri&t to the grocery stores thst am coo~sr+ing 

in the prsg~ar; and us0 the on:-plus food order stangs 

to get any of t&&e surplcw csmod.ities that they 

want. leopla usiny the stazps will have a widar variety of su rplm cexmdities t,o ciiooss fnm than they 

had at the distribution depot. 
. . 

.; 

Honorable Tczi A. Craven, Page 3 

Trro n&hods of distribut.ias the surplus 

food order sfa~ps will ba UEQ~. ena group, including those who ar% at Varrk on :!Ps projects 

and those who are reoeiving, or certified as'eligible to receive, publio asaizztanos, aid t.o the 

dependent children, and aid to ths blind, ~111 be 

eligible to gat th% free bl.ce surplus stazzps,if 

they buy orange colored food order at&zps, with 

part of thofr aPA or assistance paylzents. These 

orange colored 8taEp8, which will be gmd for the 

purchase of any f00a usually sOld in a grocery 

store, are to be bought-at the rate of aggroximatsly $1 a seek p%r,persoo for each'ne~bar of 

the faaily. 

+Por 'each two weeks pay p%~lod,.therafor%, 

the eligible person would &v% to purchase orange 

colored stags at the rata of $2 per insnber of' 

his ftiily. Their use is to Insure that r%gul.ar 

food purchases. are kept ut, so that food secured 

with the blu% surplus stZizps will be in addition 

to and not fn place of these regular purchases.. ', 

One blue surplus staz@ will be &ven,fr%e with 

each~tvo oragce s$amps bought. $aoh'&tsp, whether 

blue.or'orange,.wIll be good for 25 cents xor:th of 

rood. For eaah $l'worth of brangs'stazp~ bought, 

the fanfly will reoeiva~M cen,ts wdrth..o~:teea.plue 

staaps. yor exanple,' a,-'f&&flp: '~,~~&:',bu.j'; ~za~wo,.th 

of ,orang% staiilps Will get 

stamps without extra dost. 

$4 worth of blue surplus 

Sectional of +,rticle 23&e-2, F&n~n!~~'Aon~tat%d 

Civil Statutes, reads: ~,~., '. 

: . -, 

:,, 

Vh% County Cozziissioners Courts and tte 

City Coz~ls~ion of any incorporabod tovm or city 

of this State are hereby authorized-to lsas?, 

rent, 0: .p,gg-v+_do.qfPFce sfa%wfdr tfie~~jkT$oa%'~of 

~aJdI@~ana cooperating with the azencias of the 

Ststs asd ?e?eral Govcrtieots ongaged int3e adninistratios of relief to tte unsnpioyed or nesdy 

people or t5% State of 'icxaa, an-3 to pay the razulqr monthly utility bi1l.s for such offices, such 

as lights, gas, and water; aaci whsn in the opicion o$ a aa:aJority of e CozGssior,ers 'Cxrt of a 

comtg such office sgac3 is os:;ential~ to t5e proper edzinintration OI+ such a,:%nci%a or either the 

State or Federal Govexzmnts, sr:ld Colrrt is hereby 

agecifically author:z%d to py fo:: sa&:e acd Tar 

the r$gulsr monthly utility bills for such officae 
, 

62 

Honorable TOzk A. Craven, Page 4 

out ofthe Countyfs cemral Tuz& by warrants aa 

In the sayzent of such other obligations or the 

count Y." 

7b c;UOt8 fI"JZI TaXa JlUisplWdQuC8, vO1W8 11,~pp. 

564 and 565, as follows: 

-CoIxnl~ssioners' courts are courts of 1l!nited jurisdiction, in that their authm:ty extenda 

only tq zatters pastaining to the geaornl walfare 

of their resgmtive counties and that their povlere 

are only thosa express1.y or izgliedly conferred 

upon thea by law, .-- that is, by the oontititution 

a&d statutesof the state.* Tee the cases of Sun 

Vapor Zlectric Light Co. v, Keenan, 30 S. :cz. 868; 

Hill County Y. fianllton, 273 9. -I?:'. 292; Seward v. 

Falls County, 246 5. 7;. 728. 

i 

38 quote irmthe ease of Cozmissionors* Co& 

V. Eellace, 15 S. ci.~ (21%) 555, as -follozvs:,,. 

Vhe Cozzissfoners Court is a creature ot the 

State Constitution an8 its passers are llrcited end 

controlled by the Constitution and the laws es 

passed by the LegislatL-e." 

.?e are uhable to tiud any authoritythat:-expressly 

or lr~liedly authorizes the Comissionersl Court to do any 

thing Eentioaed in your first tv;o qusstions. Therefore your 

questions 3. and 2 are respeCtfUlly ansuzerod in the ne~ati78. 

Article 2372e-2, supra, speoiZ'icaliy aub.horizes 

the oonnty com.zission3rs'~ court to lease, rent, or provide 

officci space for the purpose of aid and cooperating with 

the agencies of the ,Stato ana Federal GovernEonts mga5ed 

in the adr;ini3tration of relief to the uucnployed or needy 

I$&~&!$;$~ o~Ii‘ic,8~; such-$..-~i$he;, ias, 'ritiC water;. vihen St@5 aF;dj+,~,~::s,~,-t:1Ed-:Te~U~~gG-~D;i~y ‘Ut$klitp ~- 

in ths opinion or 3 jzzjority of t& cszissioners of said 

court of t.ho county such office s;ace is essential to the 

proz3r ackinistr:~tlon of sucha;cncias of eithar tke State 

or ~odersl Govsrumnts. As i':e un:?srstnr?d the Plots stated 

in your inquiry The yood Sts-p 2larP is opsrated under the 

s'ugervision o?T the F&era1 Gavermant. Therefore your thZrd 

qusstion is nnsmre9 in the affirr.lc!tive. 
Eonorable 'lam $. Craven, Page 5 

';rusting that ths foregoIng fully answers your 

jncciries, we r32afn 

b 

Yours very trnly 

r 

Art%11 WilliamS 

Assistant 

‘a 9. .’ 

ATTORNEY GEWERAL.or' Tmfj