The Caucasian. (Clinton, N.C.) 188?-1913, 1891-07-02

Attorney General Davidson
has been called upon to give an
opinion "a to the legality Of
appropriations made by county
Commissioners and Justices OF
the Peace for the Great South
ern Exposition To be held in
Raleigh next fall. He says
that the law expressly invests
the Commissioners with full
power to appropriate the finan-
ces of The county for any good
and necessary purpose that they
think will he to the best in
terests of the county and its in
habitants. Hu endorses the
opinion expressed in 1884 by
his predecessor ex attorney
General Kensn and requests
the same to be republished. 1t
Is as follows:
Attorney Generals Office,
Raleigh, n. e., Feb, - 1884.
Dear SIR: In reply to your
letter of the 18th inst, | have
the honor 20 say that the
powers conferred by law Upon
the county commissioners, and
to be exercised for the benefit
OF the public, are numerous and
extensive.
The Code says that every
county is body corporate and
shall have the powers prescrib-
ed by statute and those neces-
sarily implied Dy law. These
powers must be exercised in
pursuance Of resolutions adopt
ed by the board OF commission
ers, and, in certain specified
cases, with the concurrence of
the justices Of the peace. And
they "may make such orders
for the disposition and use of
the property Ut the county, as
the interests Of the inhabitants
require" Secs. 7O2 7O4.
They have a general supervi-
sion over the finances, and the
law expressly "invests them
with full power to direct the
application" of county revenues
90 any good and necessary
purpose for the use Ct tho coun-
ty." Sec. 753.
The Supreme Court has re-
peatedly annouced the princi-
pie that the trust of regulating
all county matters is confided
to the commissioners, and that
the exercise Of powers confer
red upon them will not be con-
trolled by the counts. Brodnax
vs. Groom, GA n. c., 244, and
numerous other cases.
The movement to have an
exhibit Of the resources Of the
State is one which the people
OF every county i'll the State
are In some measure interested.
1t concerns the public and was
inaugurated with a view to
secure favorable rasults to the
State at large. J, therefore,
think the case is within the
power OF the county authori-
ties, and that may exercise the
power by appropriatjng money
to enable the county to make a
proper exhibit Of its resources
at the ensuing Exposition if
they shall determine that the
same is necessary for the good
Of the county aud to the in
ferests Of its Inhabitants. No
special tax could be levied for
the purpose, aud no subscrip-
ton Of stock In the Exposition
Association by the county could
be made without the consent
Of the Legislature, as has been
frequently decided; but this of
course is not contemplated. In
considering the matter, how
ever, think the commission
ers should act i'm conjunction
with majority Of the jnstices,
Of the peace Of the county; and
it seems to me that no valid
objection could be interposed
to restrain them from giving
the enterprise such reasonable
and substantial encouragement
as the finanCi al condition of
the county would in their judg-
ment warrant. Indeed such ac-
ton and the aid thus given,
would be in harmony with the