The Montgomery advertiser., 1906-12-18

ago adopted in this State has been and is, to remove them from any liability on any account. except as may 5e ale lowed by statute. The weight of au- thority, as this court has haretofore said, Is opposed to subjecting them to eonrion law liabilities
 No claims are charEeabie on the County treasury, nor can be paid therefrom, except as the law imposes on the County, or empowers 1t to con trRct. No eflicer of the law cnn charge 1t with tho payment of ether claims, however mcritorious the com sideration. or whatever may he the benefit the County may derive and en- joy from them
 Judge Haraison In the opinion re- ferred to quoted from the o2iuton IT the case of Van Epps ys. Commlssi1p- CTS. 25 Ala, 460, in which case tho court held that the hire of carriages under the direction of the Judge of the Circuit Court to convey the grand Ju- TOTS to the jail, for the purpose If in- specting 1t. was an improper charge.
 ..T find no statute lega.szing expeu- ditures of County money for ice. bax rcnt in pcstpffices and telephones, aud conclude that such expenditures are illegal."'
 Massey wilsor.
 Attorney General
 "When a claim Is allowed cs the Commissioners Court, the Pr"oa:e JudKu issues q warrant to the owner Of the claim, who must present il tc the treasurer for registration and ray- n,ent. If there is money in the treas ury. the treasurer must pay it. If no money. the owner must hold 1t until there fs, Such warrants do not bear lnteresA no matter how long the own CTS hold them The Commissioners Court has no authority to borrow noney and pay interest on It, to p1y these warrants. except by special leg isIation. To do so, Is viclation of the law.
 Cent HOrrow Aioney.
 "As to the authority of the county to borrow money to pay current ex- penses and interest on the amount borrowed, attention is specially called to the decision of the Supreme Court in the case of Simpson ve. Laaderoale County, 5e Ala, 64. The holder or warrant cannot collect interest ana no third party holding 1t can do so. Lee .cnuntv has illegally paid out several thousands of dollars for interest: gonnetirnes the County has borrewed money and paid interest on 1t for this The present. arrangement is far inc bank to pay the warrants anu when there Is no money in the treas Iury. hold them until there Is and col feet interest en the warrants rom ths dates 1t paid them, sevedal or tne claims are made out TOT HtstSst v" County warrants.
 .hs to the legality of the payment of this interest, l submitted the ioi- lowing question to the Attorney oen- erai and received the following opin- !" saon. Massey wilson, Attorney osn-.
 efal: .. ..,. iness for the County Treasurer. ana sl vThAn A claim Is allowed. the same is rrnsentsa to the bank. registered ana naId. whether there Is any money m the County treasury or not; ana IT there is no money in the treasury, the NavE noIda the claim until there IS voanev to meet the safne. and collects Interest on the money paid out uiltt t,l the same is paid. The Commissioner Court borrows the money from tne ,a', 'Sanle for this purpose and annually th~. Ibank makes out a claim against .thS County for the interest which aisifo is allowed and patd. Is 1t prop er to charge the County with interest 'h 'n'' "J. T. German.
 "'Exam.ner." "J. T, German, Examiner.
 .a Tn Vincent vs. Gilmore. 51 Ala., soi, ynaeA Brickeil reviewed the statutes sSn,,Ir,n~ the Court of County Com n,issioners to audit all claims against tha county, and to register allowe9 ciatAns. and the duty of the county SrrraAtrAr. with regard to the payment setar aliowance,, and said: "Constru1 .1ns thasa statutes in connection, when a claim is created by County, m me exercise of its general powers us oD- llRatfon as a contract is. that. on r- prss- asntn,ent to the County Commissioners, ,',ithin inc period prescribed by law, if ahn1l be audited and allowed ana Ina County Treasurer ordered to pay ths eapne when in funds; that the Coun- t,. asrna siirer having funds, will pay lt t1 tha, order of its presentment ana rsSIsfration. The County Is not In de- fa1,It. unless the Court of County comnnissioners refuses to audit ana ais low the claim! or. having anellea ame ..la,. allowed 1t, fails to exercise the poWess g,ifn which 1t Is clothed. to assess anu enliect taxes for its payment
 ar1nless there IS failure to pay m tnts ordar Ion it's pfesentment ana raeistratioh) the principali Is not de- tained, of withheld and interest canhot accrue. If there Is such failure It s the fault of the Treasurer. not Of the countv and the statute subjects him = fiSIihfv far interest and 10 per cent in addition From the day or this default only interest attaches. IL aaaa not accrue against the county h,,t a~aiust the treasurer. IT the .fsrka s,irer pays the claim in it's order, he can oniy pay the amount specihea in the warrant. It is an authority '" him 10 pay only that sum"
 .The opinion In the above case mas nal heen departed from by the su- rrSroe court. It Is settled. therefore that claims against the County whleh have been allowed do not draw inter- sst as against the County and the Treasurer is only liable for interest ana damages when hes has funds to nav the claim and fails to do so upon demand. whether the aTraoReneht with the bank be in the nature oI am asst isnment by the creditor to the DahN of the claim against the county, W navrnent by the bank as the Treasur- ar,s agent. interest is not properly chsreeable against the County.
 "'Massey Wilson,
 "'Attorney General
 1T Also submitted the following aues- tion to the Attorney General as 10 the Inability for the payment of Illegal war rants. and received the following opin- ".Hon. Massay wilson. AttOrney-een-
 eral:
 ",where a county's money is paid ont illegally, as for interest on war rants, as set forth in my letter to you of the 7th inst, to whom should charge the illegal payments?
 az T. German, Examiner "J. T. German. Examiner.
 Subdivision 1 of Section 1429 of the r,.Ao ,,,h1sAa it tha dufv of the County