The state herald., 1913-10-03

pass resolution - in which said boar
shall appropriate such sum, or sums O
money, as may be deemed necessary Il
defray all necessary expenses, and liza
bilities of such county for the next fis
cal year and in such resolution specif,
the objects and purposes for which sucl
appropriations are made and the amour
appropriated for each object or pur
pose. No further appropriation shal
be made at any other time within sucl
fiscal year, nor shall the total amount
appropriated exceed the probable a
mount Of revenue that will be collected
during the fiscal year. (Sec. 1864 id)
When the county commissioners of any
county shall deem it necessary to create
an indebtedness for the purpose of erecl
ing necessary public buildings, makeine
or repairing public roads or buildings
they may, byAn order entered of record
specify the amount required and the oh
ject for which such debt is created,
submit the question to the vote of the
people at general election, -
From the above it is evident that the
commissioners have the right to build a
jail or make or repair public roads pay
ing for each Of said improvome nts. ont
Of special funds created by levy for
that special purpose, or il they deem it
necessary, to create an Indebtedness
for this same purpose they may do so
by stating the amount required and
specifying the purpose and then sub
mitting 1t to vote Of the people.
1t is apparent that the statute does
not direct the manner Of raising the
funds for the purpose Of erecting. nee
essary public buindings. making or re-
pairing public roads or buildings, BUT
permits either or both methods, th.t Is.
by levxi9Gasjmes, or by creating an
The fourth clause Of Sec. 1904 is en-
tirely consistent with this view and
with the language Of the section above
quoted. 1t provides that the beard OF
county commissioners Of each county
shall have power at any Meeting; -.
Fourth-To spportion and order the lev
ying as provided by law and to contract
loans in the name and for the benefit Of
the county, for the purpose of erecting
necessary public buildings making or
repairing public roads or bridges when
such loans have been authorized by a
vote Of the legal voters OF the county.
-
From the above II appears that II II
were illegal to erect Jail except with
money procured by loan and vote Of
the people, It would be equally Illegal
to make or repair public roads without
such n vote.
Sec. lls0-Each organized county
shall Of its own expense provide suit
able court house and q sufficient Jail
and other necessary county buildings
and keep them In repai.
Sec. ll79 The power OF the county as
a body polite and corporate shall be ex
crcised by board Of county commits
sioners therefor.
These last two sections show that
jails are included In public buildings and
the county commissioners are required
TO provide and keep In repair these
buildings.
Sec. 1858 provides that no jail need
be erected In counties having a popula-
ton Of less than 1000.
This is not inconsistent with the 9th
or sections quoted because there Is u
difference between erecting and pre-
viding n building.
The following sections relate TO the
power Of the commissioners to use the
county funds created for one purposc
for n different purpose than that for
which they were created.
1916 The fiscal year Of each county
In the state Of Colorado shall begin on
the ist day Of Of Jan. Within the last
quarter Of each fiscal year and at the
same timc that the annual levy OF tax
Q, is made the commissioners shall pass
a resolution TO bc termed the annual
| .ooroori.tion rouolition for the next