Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-03-08

other Indebtedness BY a county when the
said debt limit is reached and there is no
money in the county treasury not apprO-
priated, and not capable of being appro-'
priated for any other purpose except to-
pay such particular evidence of indebted
ness as issued above said debt limit. But
when there Is money in the county treas
ury, and no outstanding warrants against
such fund, and no evidence of indebted,
ness that can be paid therefrOm, the board
OF county commissioners can issue war;
rants on the same up to the amount of such
cash in hand in said fund not otherwise
appropriated, regardless Of the debt limit
of said county, and it becomes the duty of
the county auditor to indorse thereon the
certificate required by law. When I say
"when there is money IN the fund and no
outstanding warrants against said fund, L
mean the money in said fund" l mean the
money in said fund that is above and in
excess of any outstanding warrants thereon
as there probably will never be {. time
When every warrant against any particular
fund will be presented and cancelled. Un-
less this view Of the above provisions is
taken. great and unnecessary hardship to-
the whole state may occur At any time. A
lowering of the valuation, such as a great.
confagratiOn might cause, would place the
county in . position where it would be
compelled to amass a surplus of $4,000 or
more before a cent could be paid out, and
a condition might arise that would pre-
clude the issuing Of an evidence of indebt-
edness until every bond and outstanding
obligation became due and was presented
for payment and paid, and in the meantime
the county treasury, reeking with cash,
and the officers and creditors of the county,
unable to obtain a penny due them. Such
a construction is against financial common
sense, and too far-fetched and hyper
CRITICAL to be practicable or
reasonable, and clearly not the intent of
the law. OF course, after the issuing of
the warrant and before its actual presen-
tatlon and payment, a period of time in
tervenes in which the claim exists unpaid
(such period in this case as the time it
k to walk from The county auditors
Office to that in which the funds are keptl,
but to hold that for this reason a debt is
created would be a misapplication Of the
term "debt." 1t is not an indebtedness re-
pugnant to the constitution, the warrants
not being issued with any intention to in
crease the indebtedness Of the county. and
does not increase the debt, these payments
being legally provided for by funds actu-
ally in the treasury, and funds that cannot
under the peculiar conditions existing be
used for any other purpose.
l am,..therefore, of the opinion that you
may issue warrants on the general fund
regardless Of the debt limit,to the amount Of
cash in said fund not capable of being
otherwise appropriated.
There is another view that can be taken
of the question that may allow the issuing
of county warrants to pay current ex-
penses. The county is in the following
financial condition:
Assessed valuation $2,813, sos,
Five per cent. thereon, the debt
limit Observation-Disclosures. 1865
Debt of county
Bond and INTEREST,". .S$159.550
Outstanding warrants. 300
Total debt. ........... .$1S9,85O
COuntydeb in excess of debt limit, $19,155
Can certain debts be placed against the
debt of the county.
We have cash on hand.... S 22,266.
Revenues assessed and not
yet collected ........... $1,000
.pHS,uUU
County debt in excess of
debt limit. 1886
Debt limit in excess of ,
county debt........... $10,111
In nu nriOio, NM oa~,;1o~