The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1892-05-28

entered upon the duties Of the Office of
county judge, as before stated, was about
So, 700 over and above the available assets;
for this Indebtedness, of course, the present
county court can not be held responsible:
the present indebtedness of the county. over
and above the available assets. IS about
S5hoOO. Your question implies that the
present county court has ignored their oath
OF Office and the constitution of the state.
You should bear in mind that the couut,,
court creates very small portion of the
liability of the county; as was said by the
supreme court of this state IN the case Of
Grant county VS.. Lake county, II Or, 453,
The constitutional inhibition that no
county shall create any debts or liabilities
which shall, singly or in the aggregate, ex.
ceed the sum of $4,000, except to suppress
insurrectlon or repel invasion, does not i'm.
ply that all debts and liabilities against
county over and above that sum are peces.
sarlly obnoxious to that provision. To
| Justify the court in finding the said conclu.
sion of law, it should have found that the
county created the Indebtedness. Counties
do not create all the debts and liabilities
which they are under; ordinarily such
debts and liabilities are imposed upon them
by law. A county is mainly a mere agency
OF the state government function through
which the state administers its govern.
mental affairs, it has but little option
| In the creation of debts and liabilities
against 1t. 1t must pay the salaries of its
officers, the expenses incurred in holding
| court within and for it, and various and
many other expenses the law charges upon
1t, and which it is powerless to prevent.
| Debts and liabilities arising out of sucb
matters, whatever sum they may amount
to, can not in reason be said to have been
created In violation of the provision of the
constitution referred to, as they are really
created by the general laws of the state, in
the administration of it in governmental
affairs. The largest part of the expenses
OF the county is incurred in the holding and
management of the circuit courts, ami for
that the county court can not be held re.
sponsible. If these expenses have been
larger than during the administrations of
my predecessors it is not the fault OF the
county court.
In answer to your fifth question would
say: The county court is not the county as.
SCISSOR. and has no voice In making the as
sessment. When the assessment roll Is re.
turned to the county court an estimate is
made of how much will be necessary to pay
our 10 mills state tax and the necessary
taxes to meet the current expenses of the
| county. The court has no control over the
lawful expenses but is compelled to allow
what the law requires and to make levy
sutticient for that purpose. In 1889 and
1890. owing to failure of crops, and upon
petition OF taxpayers, the amount levied
was not sufficient to meet necessary liabili-
ties, and In consequence were compelled to
levy higher tax IN 1891 in order to meet
liabilities already incurred, and keep the
Indebtedness of the county from increasing.
In answer to your last question 1 can
only say: You have the assurance of the
gentlemen who compose the county court,
who have to the best of their ability and
with an honest purpose conducted the busi-
ness OF the county for the last four years
conclenciously and with good Judgment,
that the business of the county will here
after be conducted in manner that seems
to the county court for the highest welfare
of the taxpayers of the county and the
best interests of the county.
Very respectfully,
G. N. THoRNBURY.