The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1859-06-02
ATTORNEY GENERALS OFFICE,
Nav 18th 1GEo

ATTORNEY GENERALS OFFlCE, I
May 18th, 1859. J
Hon. WM Duane WILSON -
Sec. Of Iova Farmers College, Dcs Moines
Ioca:
Shin reply to your favor Of
yesterday l am Of the opinion that the
action Of certain counties in proposing
to donate their Bonds for purchasing a
farm and locating the Iowa State Agri-
cultural College thereon, is entirely un-
authorized by law. BY the Constitution,
county Indebtedness is restricted to five
per ccntum on the value Of the taxable
property therein. The manner Of this
Indebtedness, its objects and purposes,
are Jelineatcd or restricted by the Con-
stitution. The General Assembly, how
ever, has made provision in regard to
this matter, and provided that leach or
ganized county should be body cerpor-
ate for cir1 and political purposes only
that for the better exercise Of its civil
and political powers, it may acquire prop
crty and make contracts respecting the
same, &C., &c.-' that the County Judge
may submit to the people the question
whether money may be borrowed to aid
in the erection of public buildings
whether the County will construct or aid
to construct any road or bridge which
may call for an extraordinary cxpcndi-
turc," &C., &c. With the exception Of
that part referring to roads or bridges
there provisions cannot by any fair aud
natural construction be held to confer
on counties any powc, beyond those
that are strictly necessary for the rur-
pose Of carrying out the legitimate Oh
ject Of county government.
A county, unless BY express provision
cannot go outside Of these purposes, and
through its officers engage III enterprises
foreign to the object of its CREATION
The people have NO power to vote tax
or increase debt in the county capacity
except when specially authorized. They
are like partnership in this respect,
one member Of which cannot bind the
firm by contracting debts outside Of tho
partnership business. The majority
have no right or power to tax or vote
burthen on the minority for the pur-
pose Of aiding in such outside object.
The argument drawn from the gencr-
al and public utility Of the word is a
fallacious and dangerous one. by the
same argument, when carried out, a
county would be authorized to take stock
in a Mill or Store, or Coal Bank as
they are all in some sense useful to the
public.
The "public buildings" referred to in
Sec. III Of the Code, aud which the
people by vote may authorize the bor-
rowing Of money to aid in constructing,
means undoubtedly buildings balls for
County purposes, and by no just con-
struction can be made to include vote
Of the kind referred to by you. In re.
gard even to taking stock in railroad
companies, Notwithstanding the proyis-
ions Of the Code, if the question was
new one, | should unhesitatingly hold
that Counties had no such powerful
that question has been judicially put at
rest in this State, by two decisions Of
our Supreme Bench, though in both ca
ses by bare majority opinions. The law
providing for an Agricultural College
contemplates nothing Of the kind, and
am fully satisfied. after due considera-
ton, that county has no power thro
vote Of the people or otherwise, to in
cur debt or issue their bonds for the
above purpose.
Very respectfully, &C.,
(Signed) SAM'L a. RICE,
Attorney General