The Butler weekly times. (Butler, Mo.) 1881-1918, 1883-10-24
THE JAIL PROPOSITION.
..s Attorney Generals Upinlon on
the Proposed Appropriation

A
ooo from MONIES received from
Lam shops under the new law for
.he nurpose of building a Jail and
,,so the bridge appropriation, having
hsen ouestioned IN a legal point of
v;ew. Prosecuting Attorney Francis
20 submitted the question to the At
torney General OF the state and has
reeeived the following reply:
STATE OF Missouri, OFFICE
OF ATToRNY GENERAL,
Cry OF JEFFERSON OcT. 9, 1883.
Mr.. S. P. Francisco,
BUTLER. Mo.
DEAR SIR The answer to yours
Of the Ist, has been delayed on ac-
count OF my absence and the de-
nands of other business. My opin-
ion IS requested as to the power of
the county court to appropriate the
taxes received upon dramshop Ii
censes to the purpose of the build
ing of Jail and bridges in the coun-
ty. The question in its simplest
form is, is there any statutory au-
tborIty for such appropriations
Has this power been conferred upon
the county court by any act of the
legislature now in force and applI-
cable to your case? / think not.
Sec. 1924, R. S., comes nearer
to conterrlng such authority than anv
other provision that | know of. 1t
declares that swherever the county
court of any county shall! think it expe-
iient to erect any of the building
afore and = and there shall
be sufficient funds in the county
treasury for that purpose, not other
wise appropriated, or the circum-
STAGES of the county will otherwise
permit, they shall make an order for
the building thereof, ETC." 1t will
be observed that this art. OF chap.
9; was not revised, but merely COM
piled by the committee. See tables,
>. 1867, r. S. 1t follows that re-
y,sed acts being later must prevail,
if there requirements conflict in any
naner with the unreviscd acts. Sec.
5SIS and 6SIo are both mandatory
III theirprovisions, G entertain no
loubt of the correctness OF this pro-
position, having carefully examined
he question. but must omit the rea
,ns) and make it the imperative du
y OF the county court oncca year to
apportion and sub-di-
'ide all the revenues collected and
be collected, and moneys received
nd to be received, etc. In view
t this provision which is in full
orce, it can not be said that these
cense taxes which 60 into the
ounty treasury as any other county
evenues and become part thereof,
re not otherwise appropriated"
sing the language of sec. 1924, SUI
ia, even granting that this latter
ection is IN full force, which l do |
ot think the case. But, again, sup |
osing the last mentioned section to |
e in force, can it be said that the
circumstances of your county will |
therwise permit this disposition of i
lis money, when you are about two
lousand dollars in debt?'' 1t does
'em so to me. For these are debts
claims against the county and if
lowed by the court must be paid
according to the order in
hich they are allowed and
of the funds mentioned
the warrant. Secs. 1910 and oSIo.
the effect of such an order be to
Ter the payment of these debts, as
~ term them, it certainly could not
done. 1t is proper that | should
mark. however, in order rot to be
isunderstood, that if the taxes re-
ned to are sub-divlded as required
secs. oSIS oSIo, supra, then a
ut of said funds may be used for
1dge purposes, under subdivision
70 OF said sec. 6SIS. according 20
e provisions OF chap. 81. X. ,.
ID amendments thereto. See act
Mar. II, 1853. Sess. acts, p, 81.
nally am OF the opinion that
ere is no provision of the statutes
fhoriz,ng the appropriation OF the
ense tax to the erection OF lails.
7 IS there any provisions by whtc',
nay be directly applied to the
Hiding of bridges, without first
Ing appropriated, etc, as above !
ted, With respect to the powers
county courts i would respectful !,
saii Your attention 10 The follow /
5; County courts arc oniv /.
sn's or the county, with no pow !
.Iycx1t what ars. sr,..,uSaI latI1,,g' .