The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1880-05-06
COUNTY TIME ORDERS

| COUNTY TIME ORDERS
EDITOR ADVANCE: 1 observe our
Board Of County4C Commissioners AIS a
session held May /, 1880, passed tile fo1-
lowing resolution fer the issuing Of
county time orders. (See resolution
il CommissionefPyoceedings elsewhere
-EDs)A a. <5ss--
zThereacan beno doubt but that this
resolution isEuhauthorized and CONTRA
" to tie provisions ofthe statute. Our
Supreme Court in Goodnow VS.. Ram
sey County, II MINI. 81, say:
The powers of the commissioners are
defined, and the means to be used~in
the performance of the duties imposed
designated by the statute. The specifi-
cation of-such means would seem to i'm
! ply prohibition of any other, Had it
| beeii intended to AUTHORIZE the commits
.sionexs> to make. commercial ~plaper, ,at the
| county treasurer would certainly have
been authorized to pay it. But it is
said that it is sometimes necessary to
! raise money for purposes not anticipate
ed or provided for BY q previous tax,
and that such money must be borrow
| ed, and negotiable securities given
therefor. We think the statutory pro-
visions construed fairly and according
to- the settled rules Of interpretation
| clearly negative the existence of such
poYer, and the necessity of the case,
how great socver it might seem to be-
could not confer the power.
The statute authorizing the issuance
of the bonds which this resolution con-
templates paying from the sale of these
time orders, specifically provides that
the proper authorities Of the county
shall annually include in a general tax
an amount sufficient to pay the interest
on said bonds, and when the principal
or any part thereof is about to become
due, a sufficient amount to pay such
principal. Oh. y Sp. L. 1877; ch. lis
SIP. J.. 1873.
But the resolution further contem-
plates the payment Of outstanding coun-
ty orders. Ipresume these orders are
those issued for the building of the Jail,
and furnishing it with cage, and which
orders were issued bearing interest and
payable a specific time after date. Now
it is proposed to issue new time orders
bearing interest to pay the principal
and interest Of those Jail orders. AS
above shown the county had no author
ity to issue its orders bearing interest
and payable in the FUTURE Tie sole in
tention and object Of the statute in au-
thorizing the issuance of county orders
is Il convenient method of paying ont
its moneys to the persons entitled there
TO. 1t is Il mistaken idea that these Or
;lers arc issued rs an evidence Of in
'lebtedness us the due bill Or promissory
note Of an individual. They are some
what of the nature Of check of an i'll
dividual on his banker where he has his
moneys deposited, and as y convenience
for making payments. County orders
are not entitled to preference Of pay
ment save only after presentation to the
treasurer.
But by this resolution the interest
and principal'due on these jail orders
are to he raid from the proceeds of the
sale of other time orders bearing inter-
4st. This is virtually paying interest
on in er st, and allowing our commits
>ioners to issue county orders at their
discretion and sell them in the public
market to the highest bidder, while the
honest holders Of other county orders
must wait indefinitely for payment, or
sell 1T a discount.
And again, these time orders are to
be issued solely for the purpose Of nego-
tiation, and not in payment of any
claim or demand against the county,
This is Il futile attempt to impose an
obligation and Indebtedness upon the
county without the usual formality of
an act of the Legislature, under the
guise that it is substituting a new obi
CATION for an old one. Why attempt
to do indirectly what cannot be done
directly? If the county has no power
to issue bonds without an act Of the
Legislature, has it power to issue time
OfttCFS itS a SuDSCll uIc lOt THOSE DOllUS:
It matters not by What name the obi.
cations are called, for the legal effect is
the same, and whether they be denomi-
mated bonds orpromissory notes or time
orders is Of little Importance, for it is
the issuance Of pretended county obi
cations without authority, and such OBJ
legations must be void even in the hands
of Il bona fide holder.
The Legislature provided the man.
ner of payment and the fund for the
payment of these county bonds, and
how that fund should be raised; but our
Commissioners ignore the Legislature
and say, eve deem it inexpedient to
levy the amount necessary for the pay
ment Of these bonds, and so much of
the act rs provides for the payment of
these bonds we will abolish and substi-
tute therefor our time order resolution. -