The record-union., 1897-09-26
COUNTY BONDS FOR ROADS.
THEY CAN BE ISSUED SAYS
THE ATTORNEY-GENERAL.
Also That a City in the County
Would be Liable for It's
Proportion.

Something over six weeks ago District
Attorney Ryan threw a bomb into the
camp of the Folsom Highway Commis-
sioners which created CONSERVATION and
clogged the wheels of progress. The
bomb was in the shape of several opin-
ions, the first of which was that the
county could not, under existing laws,
levy a direct tax for the construction
of the road.
The statute governing the matter was
SO plain that no voice in all the multi
tude was raised to denounce the opinion,
and when the edict had gone forth
Commissioner Price Of the Department
of State Highways raised the question
Of bonding the county to raise funds to
prosecute the work.
But here again District Attorney
Ryan was asked for and delivered an
opinion. 1t was to the effect that no
county has authority to issue bonds for
road purposes, and that property with
in municipalities is not liable for taxa
ton for the payment of such county
bonds, if they should be issued.
1t seemed as though the last plank
was gone, and the Folsom Highway
Commission seemed about ready to
throw up its job, but Commissioners
Price and Ashe of the Department of
State Highways took issue with Dis
trict Attorney Ryan, and advanced the
opinion that counties have authority to
issue bonds, and that cities within such
counties are liable for taxation for the
payment of such bonds.
IaI1
between the Commissioners and the
District Attorney, and it was agreed to
submit to the Attorney General, as the
proper law officer of the State, a series
of questions calling for opinions on the
mooted questions.
1t has been and is the custom Of
County Boards of Supervisors to trans
fer, when in their opinion it becomes
necessary, money from the genera
fund to the general road fund or district
read funds, and during the airing OF
! the Folsom highway proposition the
question arose as to whether or not the
Board of Supervisors had legal right
to make such transfer, provided funds
should run short That question, too,
was to be submitted to the Attorney
General.
Commissioners Price and Ashe have
been absent for over a month eXamin-
ing the road from Tioga to Bodie City,
in Mono County, and did not return to
the city until yesterday. On Wednesday
last, however, the AttOrney-General
sent his opinion to the Department of
Highways, and in accordance with the
request of the Commissioners.
The Attorney General has been un-
able to view the bond question in the
same light as District Attorney Ryan,
and the opinion is unqualified in stat
| ing that counties have the right to issue
bonds for road purposes, and that cities
situated within such counties are LA
BILE to taxation for the payment of such
| bonds.
| Hence the stock of the Sacramento
and Folsom macadamized highway is
again above par and still on the boom.
| The Attorney Generals opinion is as
| follows:
State Department of Highways
Gentlemen: I am in receipt of your
letter of recent date asking % whether
or not a county can issue bonds for road
purposes. CO Whether or not, if a county
| issues DOndS Tor fOau purposes, q Hlu-
nicipality Of the county will be liable
! for taxation to pay for such bonds. GO
| If a municipality is not liable for taxa
ton for road purposes outside of its
/ limits, how can county issue bonds
| for road purposes? "a Can the Board
| of Supervisors of a county transfer
money from the general fund to the
general road fund, or to a district road
fund, and expend the same for road
purposes?
| First am of the opinion that
county has authority to issue bonds
for road purposes.
! Second and Third am of the opin-
ion that the property within munich
palities is liable for taxation for the
payment Of such bonds.
| Fourth am further of the opinion
| that the Board of Supervisors of
county has no authority to transfer
money from the general fund to the
| general road fund or to a district road
fund Respectfully,
w. F. FITZGERALD,