The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1900-05-19
ATTORNEY GENERALS OPINIONS.
The New Road Law Construed.

1. Section OOi oho oS1 "PlioNSu 1uoiSh
70. 1900, providing for the working of
the public roads by contract, does not
authorize the board of supervisors to
lew the one mill ad valorem road tax
In addition to the Limitation of the 1871
mills fixed for all purposes Except to
nav interest and to provide a sinking
fund to "a debts, when it may be Is
much as Is mills for all purposes) by
.he revenue act of March 6, 1900. These
s,atutes are not repugnant and both
must stand and be SO construed as to
rive effect to each. The act of March
~ was not intended to amend the act of
March 8. The one mill road tax must be
within the limit allowed for all pur-
poses.
nroviding for the working of the public
roads by contract, does not limit tho
funds for roads and bridges to the one
mill ad valorem tax mentioned in that
act: that tax may be supplemented by
anv other funds which therefore might
have been properly appropriated to such
purposes.
2. Under section 4 of said act, plans
and specifications may be prepared for
letting the road contracts IN the alter
native, including a section of the road
and all bridges, both large and small,
or to let the road and bridges usually
kept up by the road hands, reserving
the large bridges to be let to contrac-
tors as heretofore.
4. There is nothing in the act requir-
ing auy specific division of the one mill
tax; it may be appropriated to both
classes and to different links of the roads
and to both large and small bridges as
the plans and specifications may pro-
vide. The Communication tax must be
expended in the district, town, village
or city of its collection.
s. The eight days service required by
the act of 1900, may be paid by personal
service, or by the three dollar commute
ton tax, or by the service of teams and
tools as provided in section 1905 and
5000 of the code for counties having no
contractor; and when the eight days
is thus paid the person liable, and his
tools are exempt. The teams and tools
of persons not liable should not be
worked longer than those Of persons
who are.
6. The levy and payment Of the one
mill ad valorem tax authorized by said
act would not have the effect of exempt.
ing a person liable to road service or OF
teams and tools so liable.
Z. The act provides that the one mill
ad valorem tax shall be treated as Q
general road fund for use anywhere in
the county. except that collected or
property within a municipality, the
streets of which are worked at the ex'
pense of the municipal treasury, in
which case it shall be equally divided
between the county road fund and the
town street fund.
8. If the one mill tax is not sufficient
to keep up both roads and bridges, il
may be appropriated to the roads, ant
the bridges built and kept up as here
tofore.
Q. 1t is entirely optional with the sew
eral boards of supervisors whether they
adopt the road contract law Of 1900; i
is not compulsory.
10. Under the act of 1894, municipal
authorities may make their own con
tracts with the county contractor, o
with any other person, for working
those convicted of violations of mu
Aicipal ordinances. Such convicts neet
not be delivered to the sheriff; a mitti
mus from the convicting court direct t
che contractor will authorize the de
tention of the convict until the sentenc
of the court is satisfied. The penalt
of five dollars per day for unlawful,
holding him does not apply until afte
the term of his sentence has expired
Convicts from municipalities for viola
tions of State laws, and those unde
conviction by Justices of the peace, /
the county jails 60 to the contracto
from the sheriff with a detention wal
rant, but the municipal officers and tn
justice and his constable are to be pal
their fees out of the county road fund
when the ~convict's time is up.
IL. By an omission part of section
of the act of 1894 was not published
See Murch VS.. Warren county, and Re;
bold VS.. State, 70 Miss, 236 and $3.50.
Appointed County superintendents.
IL. A county superintendent of publ
education appointed, confirmed an
commissioned pursuant to section &c
of the constitution, and to section AZ;
annotated code, as amended by act
1896, page 1l3. is the lawfully const
tuted superintendent for a term of for
years beginning April 1, 1900, and is No
affected by an act of the legislatul
afterward passed and approved, NAL
iLg the Office elective at the e~xpiratio
OF the last appointive term; the ofht
will be filed by election at the ne,
general election for the State and coul
ty officers.
Supervisors May Purchase Typewriters
10. If the board of supervisors shoul
believe that the public service woul
be promoted thereby, it may purcha'