Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1901-09-05

Although county may have the,
cash on hand. it cannot make an ex-
penditure in excess of $4,000 without
securing the consent of the pcople
through the ballot box, says the attor-
ney general. in an opinion drawn up
tor J. "A. Johnston, county attorney of
Custer county. The attorney general
also holds that Custer county can ac-
cept Rosebud county bonds in exchange
for warrants of this count, the opinion
being thorough quoting of authorities
OH both points.
1t was on account Of the desire to
construct 4 wagon bridge across the
Yellowstone river to cost $35, 900 or
]+o, 600 that the opinion regarding the
expenditure Of the money was request
ed by the county attorney. He called
the attention to the attorney general
to the fact that the law stated specitic-
ally that the incurring Of debt in ex-
cess OF $50, 600, or the raising of money
more than that sum, must be submitted
to the voters. The law does not make
a direct reference to the disbursement
of money on hand.
In the opinion the attorney general
takes the position that the law is in
tended as much to cover the expendi-
ture OF the money as it is to ascertain
whether the voters are willing to incur
debt. The various sections of the
statutes bearing on the point are in
terpreted to make it just as obligatory
to secure vote on the question when
the cash is on hand as when it becomes
IA question of raising the sum required.
The fact that the cour ty has $4O, ,OOn
on hand which might be made avail
able for or applicable to such a pur-
pose," says the opinion, .'does not re-
ievc the commissioners from the neces-
sity OF submitting to the qualified vot-
erS the question of raising that amount
OF money for the building of 4 bridge.
The law does not contemplate that any
county should have on hand a surplus
of money without some purpose for
which it is to be used, and even if such
$40, 600 were an actual surplus, not
needed for any county purpose this
year, it would have to be deducted
from the estimate of the amount of tax
es levied for the next year.
May Exchange bonds for Warrants
On the bond question, the attorney
general answers the first query to the
effect that Rosebud county undoubtedly
has the authority to issue bonds in ex-
change for outstanding warrants held
by Custer county, as the result of the
division creating the former county. In.
the act creating Rosebud county it is
expressly provided that bonds can be
issued for that purpose.
''The question of the right of Custer
county to surrender Rosebud county
warrants in exchange for Rosebud
to answer. Under subdivision of Sec
tion 4,193, political code, a county is
given power to make such order for
the disposition or sale of it's property
-
qWres.
1T seems reasonable to conclude
that inasmuch as the law in question
authorizes Custer county to receive
warrants from Rosebud county, and,
under the law, Rosebud county may
exchange its bonds, dollar for dollar.
for outstanding warrants, Custer coun-
ty has at least the implied power to
accept such bonds in exchange for the.
warrants, especially in view of the
fact that there is no express provisions
of the law prohibiting such action, the,
general power of counties under section
4,195 being broad enough to cover such
transaction