Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1899-05-25
once Of Attorney General
Hon W. II. Pratt, County Attorney,

Topeka, Kansas, May n lNJ1
Hon W, II, PrOtt County Attorney, ~,
Dear Judge; YOURS of tho End inst, received.
In reply thereto desire TO say, that the author
ity Of your Board Of County Commissioners 90
authorize The building OF bridge across the
county line between the your county and smith,
Ia question Of purely statutory law Your
Board of County Commissioners have no author
ity In tho matter Whatever, except az mas Deeh
given to them under the statutes OF the state
The Legislature does not seem to have Intended
that Board Of County Commissioners Of a coun-
~ should have any authority In regard 70 the
building or repairing vi bridg0e, except such aB
they bUTe mado spec al provision mr. by aln :
h ry pmetMent There n nc BE w. tho general
powers Given TO q board or tho implied powers
res ulting thorCfrom which would authorize a
Board OF County Commissioners OF any county
to appropriate money 10 pay for the Building OF q
bridge, or any other public Improvement situated
ia another county. II they could not appropriate
money for a structure entirely erected u another
county then whore only part OF the suuctnle was
In such other county they would have no power
TO appropriate money to pay Tor Huch part rms
would clearly b } true an 10 their authority under
the general powers given to them under the stat
utee. Now tho question IL, what direct authority
has been giyon TO the Board OF County Commits
sOners to appropriate money to ply for tue
building Of II bridge partly situated in another
county, Section 10 OF Chapter ~, OF tho General
Statutes Of 1897, IL not applicable, at least IN tne
case of the bridge you refer TO IN you'll letter, THIS
section IL section " Of chapter " Of the laws OF
1879 Tho title OF that act Is AN Act to provide
for building ana repairing bridges In counties
having 10000 inhabitants or more, and In the
counties Of Davis, Barton Washington, Linn and
Greenwood" Neither your county or smith
county have q population OF aOCOO ana neither or
them being specially named IN act referred 10 or
in any Of the amendments made thereto, would
come within The provisions Of spid act
qhe only other statute that | anu able 10 find In
regard 10 tho matter nj all IL chapter 30 OF the
laws OF ls61 This act Is general In its application
Section 10, being paragraph $40 OF the General
Statutes Of 1889, reads as follows;
III bridge DO necessary over any water
course which divides one county from another,
the County Commissioners OF both counties shall
unite in appointing commissioner for building
said bridge, and the expense shall be betrayed by
both Countios In proportion to the amount OF tax
of each county, to be ascerlained by the tax list
taken next before the contract for building such
bridge shall be mad5'
Under this section 1t Ia made necessary for the
two counties TO unite in appointing commits
sioner for the building Of the bridge, and is also
made mandatory that the expense be divided be-
tween the Two counties In pro lortiOn TO the
amount of tax OF each county, I he gLatut nay
lug thus provided the BOaru OF County CommiS'
soners Of your county would have no authority to
erect a bridge on the county line between your
county and smith, unless the Board OF county com
missionors OF Smith county would uni'e with
your commissioners in the undertaking, and
W ould appropriate the amount necessary 10 pay
for that portion Of the bridge which would be
located IN their county II would certainly be
Illegal for your commissioners to make an ap-
propralOn for the erection Of the entire structure
AVID any appropriation Of that kind, in 80 far as
it would 6o in excess OF the amount necessary TO
pay for the portion Of the structure in your
county, would be smissappropration Of the funds
of your county. II the commissioners of Smith
county will not Join with your county in the
building OF this BRIDGE and II Is important to tue
citizens that it be quilt, then you should get d
special act passed by the next session of the leg
islature giving your commissioners full authority
Ia the matter Yours very truly
A. A. GODDARD,
Attorney General.