Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1859-06-23
Opinion Of the A uosney General.
AIRY GENERALS OFFICE, J
Nav l8, 1859, (


Nav Is, 1859.
To the Hon. VIM. Duane Wilson,
.Sec'y Iowa Farmers College,
SIR In reply to your favor Of yes
terday, | am Of the opinion that the
proposed action Of certain counties to
donate their bonds for purchasing
grounds for the Iowa State Agricultu-
raj College, is without the authority
Of law. by the Constitution, county
Indebtedness is restricted to five per
centum on its taxable property. The
manner Of this indebtedness-its OBJ
jects and purposes are not deiineated
or restricted by the Constitution.
The General Assembly, however,
has made provisions in regard to this
and provided that leach organized Co.
should be body for civil and political
purposes only. That for the better
exercises of its ciol and political poac-
ers it may acquire property and make
contracts respecting the same. That
the County Judge may submit to the
people the question whether money
may be borrowed to aid in the erec-
ton of public buildings. Whether
the county will construct, or aid to
construct, any road or bridge which
may call for an extraordinary expcndi-
ture," &c, &c.
With the exception Of that part re-
ferring to roads or bridges, these pro-
visions cannot by any fair and natu-
raj construction be held to confer on
counties any powers beyond those that
arc strictly necessary for the purpose
of carrying out the legitimate objects
of county government. A county,
unless by express provision, cannot go
outside Of these purposes, and through
its officers, engage in enterprises for
eign to the objects of its creation. The
people have no power to vote a tax or
incur debt in their county capacity,ex-
cept when specially authorized. They
are like partnership in this respect, one
member of which cannot bind the firm
by contracting debts outside Of the
partnership business. The majority
have no power or right to tax or vote
q burthen on the minority for the pur-
pose Of aiding in such outside object.
The argument drawn from the general
and public utility Of the work is alike
dangerous and fallacious. By the same
argument, if true, 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.
ia Of the Code and which the people
may authorize the borrowing of
money to aid in building, means I'M
doubtedlv bull lings built for county
purposes, and by no just construction
can be made to include a vote of the
kind referred to by you. The question
of taking stock in railroad companies
is not entirely analogous. If that ques-
ton were new one l should uhesita-
t,ngly hold that counties had no such
power, but that question has judicially
been put at rest in our State by the
decision of our Supreme Court, though
in both cases by bare majority opinions.
The law providing for an Agricultural
College has made no provision for any
such action on the part Of the counties
and | am fully satisfied in every view
of the case. that county has no power
to issue bonds or incur q debt for the
above purpose. Very Respectfully,
S. A. RICE, attorney General.