The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1903-11-09
COUNTYCAN DONATE
Duty of Commissioners to
Provide for INDECENT
GOSE AND GOSE RENDER OPINION
Hold That Board May Assist in the
Establishment of the StubbIefield
Home Here.
COSE AND GOSE RENDER OPINION

Al the request OIL ii. II. L uTIeI,
president of the Commercial club of
Walla Walla. T. P. & C. c. Gose have
rendered an opinion in relation to the
legal right of the board of county
commissioners to appropriate 100000,
for the purpose Of securing the loca-
ton of the proposed Stubblefeld home
in Walla Walla. The opinion is con-
Cured in by Judge William H. Upton.
The report was filed with the COM
missioners Saturday afternoon. The
opinion follows:
Dear Sir:-In obedience to a request
from you that we submit to you our
opinion as to whether the county COM
missioners of Walla Walla county can
give of the funds of Walla Walla coun-
ty, money with which to secure the 10
cation of the Stubblefield home, we
submit the following:
The will of the late Joseph Stubbe-
field provides substantially as follows:
That after making certain small be
quests the rest, residue and remain
der of his property, WheresoeVer sit
uate shall vest in three trustees by
him named in his will who shall take
the same for the purpose of establish
ing home for fatherlesS and mother
less INDECENT children and maintaining
supporting and educating the same:
also for the purpose of establishing a
al n,1y- r1i rn,ot
widows and maintaining them, and
also to give to these INDECENT children
a common school education and teach
ing them some of the useful trades
that they may become useful men a
women in the country in which they
live. The will further provides that
they may become useful men and WO-
men in the county in which they live.
The will further provides that this
home shall be established at Walla
probate of the same there shall be do
mated to the trustees thereof the sum
of ten thousand dollars. The question
now is whether the honorable board
of county commissioners of Walla
Walla county are empowered by law
to donate of the funds of Walla Wal
la county the sum of ten thousand
dollars and thereby secure to the coun-
ty the establishment of this Stubble
field home. The desire that this home
shall be established in Walla Walla
county, if it can be secured, will be
strong in view of the fact that it is
said that this estate amounts to more
than one hundred thousand dollars,
which no doubt is true; and to secure
to the county and the people thereof
this sum of money together with the
benefits that would accrue from the
management thereof and the eXpendi-
ture of the rents and profits thereof is
an important thing. This, however,
has nothing to do with the law. The
question, and the only question to be
considered by the board of county
commissioners, rather the first and i'm
portant question to be considered by
them is: Are they empowered by law
to donate Of the county funds of Wal
la Walla county, for that purpose?
Section 5, Article II, of the constitu-
ton of the state Of Washington pro-
vdes among other things for boards
of county commissioners and further
provides that general and uniform
laws shall be enacted whereby their
appear that the Legislature shall pre-
scribe their duties, and if, having done
so, the duties so prescribed by the
Legislature do not conflict with the
constitution of the state, then it be-
comes their duty to carry out the
provisions of the law enacted by the
Legislature. Section 7, Article of the
constitution of the state of Washing
ton provides: mo county, city, town
or other municipal corporation shall
hereafter give any money Or property
or loan it's money or credit to or in
aid of any individual, association.
| company, or corpora ton, except for
! the necessary support of the poor and
| infirm, or become directly or Indirect
| ly the owner Of any stock in or bonds
| Of any association, company or corpor-
alton TT will be noticed upon an
| examination Of the section Of the con-
stitution just cited that there are GER
| tain things therein that are by the
constitution inhibited. There are GER
tain things incorporated there that are
not inhibited, namely: except for the
| necessary support of the poor and in
| firm. In other words it is apparent
and the constitution inferentially SC
says, counties, towns and municipal
| corporations may give money or prop
erty, or loan it's money or credit foi
| the necessary support of the poor an(
infirm. If we have correctly construed
| this constitutional provision it ther
| becomes a matter of inquiry whethel