The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-03-06
lines. working late in the night.

times. working late in the night:
Guthrie, o. T. March 3. 1904.
Hon. B. F. Wolf. County Attorney, Nor
man, o. T.:
Dear Sir: I have given careful consid-
Grafton TO your request flor an opinion
upon the matter OF court house construc-
ton in Cleveland county and in regard to
! section 3 article S, chapter 81. Of the
Session Laws OF 1897. and chapter II Of
| the Session Laws of 1903. The query pro-
pounded is whether or not chapter Il of
the 1903 laws repeats section >. article S.
chapter 80, of the laws OF 1897, in so far
as the same provides for the building of
court house TO be paid for by an an
nual rent by the county. The section re-
ferred to in the 1897 act provides as fol-
lows:
Section Q The court fund shall be used
only for the payment of witnesses, jurors.
stenographers, bailiffs. janitors for the
district court and the fees Of justices
of the peace, probate judges, constables
and clerks OF the district court and in ad-
dition, in counties which have heretofore
or which may hereafter construct court
houses or jails. to be paid for by an an
nual rental, such rental shall be proper
charge against the court fund and an
additional levy not exceeding three mills
may be made for that purpose.
The chapter cited in the laws of 1908 is
an act to authorize boards Of county COM
missioners to provide for the construction
or repairing of court houses. jails or
other necessary buildings and make con-
tracts on behalf of the county for building
or repairing the same and authorizing
the levy of tax not exceeding ten mills
in any one year for the purpose OF pay
ing for the same and requiring the prop
osition of such expenditures to be sub
mitted TO the voters of the county where
in said proposed buildings are 10 be
erected An examination OF these diff
,erent acts will disclose the fact that each
act provides an entirely different method
for the erection of p court house. In
the first instance to be paid for by an
annual rental and in this case it is the
evident purpose and intent of the act
that some person or persons shall erect
at their own expense. a suitable court
house on a contract with the county in
with the price Of the court house is to
be paid for in annual rentals and the
building eventually TO become the prop
erty of the county. The act of 1903 pro-
vides for the county commissioners to
provide for the construction of such build
ings and that tax not exceeding ten
mills in each year to provide a fund for
the payment of such buildings. 1t would
seem that the legislature had therefore
provided two methods of procuring public
buildings in one of which the levy is not
to exceed three mills per year and in
the other of which it is not TO exceed ten
mills per year and it is evidently the pur-
pose of the legislature to permit that
method which is best adapted to the
needs of the particular county in ques-
ton to be pursued. 1t is my opinion that
the act of 1903 does not repeal the act
of 1897 and that the act of 1897 is still in
force and effect and its provisions may be
invoked for the purpose Of erecting such
a building Respectfully,
p C. Simons.
Attorney General.