Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-11-11
COUNTY POWERLESS
TO CARE FOR
POOR
Attorney General Holds That
Specific Legislation Will
Be Required Before Commits.
SiOners May Appropriate
Money for Charity.

That under the law As 1t stands at
present the county missioners are
poWerless to appropriate county
money for charitable purposes Is the
opinion OF Attorney General Frank
w CLANCY. The opinion was rendered
at the request OF Assistant District
Attorney Jamison and Il upholds the
contention OF Mr.. Jamison when tho
matter was referred to him by the
commissioners, following the request
OF the mayor and members OF the city
council that the county take over tho
care OF the deserving poor, II burden
which for many years has rested on
the city council and tho charitable
people OF Albuquerque. Following "
the text OF the opinion
November 'th. ipl..
Nj. II, q. JamlsOn,
Assistant District Attorney,
Albuquerque. y. NJ,
Dear SIR
have had for sometime your let
ter asking for an opinion as to the
power of county commissioners to ap-
propriatc money for the support ot
the poor and for the establishment of
IA poor farm,
I have not the slightest doubt that
tho law imposes no liability upon the
county for the support of the poor,
but | have taken some time TO con-
slider whether the county commission
erB could have any power to make
such use of money In their discretion
There can be- no doubt Of the general
proposition that such boards have
only such power and authority M ARE
| conferred by STATUTE and the only
possible clause I nthc stateute, which
anyone might contend would extend Il
such matter, II TO b" found IN the
NTH subdivision of Section BGi of the
| Compiled LAWS nr 1897. That claus,
| gives the board the power "Tu rep
| resent the county and have the care o
| the county property aud the man
| agement OF the Interests of the county
In all cases where no other prOvis
| ion In made by law" In n broad hu
manltarlnn sense II might be said tina
II In n part OF the interest Of the cOun
| ~ to care for the INDECENT poor anC
To relieve human suffering, but ] an
unable TO find any authority for sucl
1
power and do not believe that II wOul'
be consistent with established rules o
law. All the adjudicntrd cases whicl
have found deal with tue question
of the liability uf counties or town
for the support OF the poor and
seems to be the inNariable holding
that there can be- no such liabIllt
without express statutory authority.
there can be no liability, then certain
ly the county cannot nave power To d
things, 20 make contracts, to purchas
land or buildings for the use of tn
poor, which would ~ lawful, Great
liability. am therefore, OF the Opin
ion, az are you and Mr. vigll. that tn
county commissioners do not have an
such power.
the constitutional provision,
which you cell attention 70 be foun
ID section IL Of Article TX OF the Cor
,lStltutlOn, cannot be conniderOa 80 a
TGOOtinR tho question a. It now stand
!. That section, after prohibiting ala
, persons and corporations. provide
! that Il shall not be- construed Ito pre-
hIbit the state or any county or mt
. nicIpality from making provision Il
! the care and maintenance Of the sic
and INDECENT persons" All that tn
4 does IL to permit leglslatlOn for sue
= purposes by making the prohibito
!. inapplicabls to these particular ma
= ters. but Il does not enlarge the sta
! utory powers Of any county or mum
!. cipailty. In other words, the prOvi
n ion 10 IN no way way sslf-executin.
4 but requires legialation 70 put Il
i effect and define it, limits.
q Yours truly,