The Russellville Democrat., 1878-08-08
RUssELLvI1L POPE COUNTY, ARKANSAS. THU URsDAY,a
DECISION OF THE ATTOR- i, V .at TEY-GENERAL.

DECISION OF THE ATTOR- i, w ~. TEY-GENERAL. s as ,a RussELLyILLE ARK, July P, IFS. i, EDlToR DEMOCRAT; Please inser. the following correspondence in your paper psr5 and 'itad toabdlige a,psr roygs, 'ys, .ov T LITTLE ROCK, ARK, July 20, s'7s. Hon. w. wF. Henderson, Attorney
 General, Little Rock, sArks:a lc s Dear Sir: Under the present law has the County Court authority to order an election on the proposi- tion for a change of the location of the County Seat upon "a petition signed by one-third, of tue legal voters of the County, the present location of the County Seat having been fixed by vote of tile people in February, 1874. .bEs sgaIf'o saa19 2d. In March last theCourt House of Pope County was so damaged.that the Courts cannot be- held ip the buildings, being injured as follows The entire west wall was blown down to the second floor, the south wall was cracked and sprung in two places from top to bottom, and the other walls to some extent injured.
 It will require at least One Thous- and dollars in U. s. Currency to re- pair the building SO that it can be used again as a court iiouse.i It can not be made q good house without being pulled down and, entirely re- built. There are no funds for Coun- ty buildings in the treasury, has been no appropriation and levy by the county quorum for County buil- dings, except 9 small jail tax. The amount levied for County general purposes will not pay the general expenses of tho county for the year. IA large number,aifinot a majority, of the taxpayers and voters of the county are opposed to any more ex- penditures being made on said Court house. ' ' " -
 ii Under this state or facts is itthe duty of the County Court consisting of the Judge alone to shave said building repaired until 2 levy and appropriation IS mede for that pur- pose by the County quorum.
 oldw Very respectfully sis
 yIgao .ebanmsb R. B. WILSON, e7sas glamC Co. Judge of Pope Co. . r.n LITTLE ROCK, July 9, 1878. Hon. R. B. Wilson, County Judge: 'f Dear Sir,-Your commlsnication oi the 2Oth inst. is at hand and has had such consideration as the importance of the subject demands. eAt 5H
 gf There is now but one statute In force in relation to the location and changing County Seats; the act entitled An act to provide for the locating and chang ing County Seats. Approved March ?, 1875.
 | ilInasmlch as no change of the County Seat of Pope, has been made, since the passage of that act, 1t follows therefore that by compliance with its provisions, it IS competent for the voters of your county to remove the County Seat from Dover, to such point as may be deter mined upon. That act -repeals all pre- ceding laws, and there is therefore now no law requiring payment to property owners, when the County Seat is re- imoved.' Such is the view taken by our Supreme Court in. the case of Moses ct al vs. Kearhey, Clerk 3l Ark. 26l.
 As to your second s.interrogatory touching the repairs needed on your Court house, my opinion upon the state of facts presented is, that the County Court is under no compulsory obligation to repair the Court house, even if there were funds with which tc do it. and certainly not as, the appro- priation and levy for the current year is exhausted. a
 It is, however, your duty as County Judge to see that the county property is preserved, and also toprovide suit able place for the holding of the Courts of the county. in the manner l have heretofore indicated. '.Ai
 sdE ,gagi1 Very respectfully aU sa . & sIods snidJEW w. az HENDERSON,
 .isaa 33Uos sd1 Attorney General.