The Hartford republican. (Hartford, Ky.) 18??-1926, 1915-06-25
FISCAL court
Can ISSUE BONDS
>.
Proposition Gets 1850 Ma
jority In Daviess.
Which is Now Claimed to be
All That Is Requir.
ed.

While the proposition to vote upon
the county a bonded Indebtedness Of
100000 was not carried by a two
thirds majority. yet, according to
eminent authority of lawyers in Ow-
eDsboro and elsewhere, they are thor
oughly convinced that the bonds will
be issued under the vote. According
to attorneys of unqualified standing
the fiscal court will be fully author
lied and empowered to issue and sell
the bonds Of the county to the
amount OF 100000. This conclu-
sion is reached under the good roads
amendment to the constitution voted
upon by the people in 1909. The at
tention Of the attorneys was called to
this provision. which merely requires
that the proposition be submitted to
the voters OF the county for their
ratification or rejection. The bond
issue carried by majority of 1850
votes:
An opinion concurred in by attor-
neys of highest standing in Owens
boro Tuesday night is here given:
Law On the Subject.
Under section 1877 OF the consti-
tuition. which is the good roads
amendment proposed by the legis-
lature in 1908. and adopted by the
people in 1909. does not require
two-thirds of the voters to authorize
a bond issue. A majority of those
voting at said election Is all that
the constitution requires in order to
authorize the fiscal court to issue
pGids for public road purposes.
This good roads amendment was
passed for the purpose of eliminat-
ing the restrictions then existing I'M
der sections 157 and 1853 of the state
Constitution. Section 1877 of the
state constitution limits the tax rate
that any county may levy to so cents
on the 500; and further provides
that no county shall be authorized to
become indebted In any manner. or
for any pu pose to an amount es
ceeding, IN any year. the income rrd
ro"snue provided Gar such year. VIII
out the assent of two-thirds of the
voters thereof. voting at an election
to be held for that purpose.
Section 1853 of the constitution
provided that no county shall be
authorized to incur an Indebtedness
i'm an amount exceeding two per
cent upon the value of the taxable
property to said county.
AS above stated. the good roads
amendment to the constitution was
expressly passed for the purpose of
repeating these two sections of the
constitution insofar as they limited
and restricted the county's right to
levy taxes for public road purposes. !
This amendment to the constitution
IL quoted in full, and is as follows:
Amendments In Full.
The credit of the commonwealth !
may be given. pledged or loaned to :
any county Of the commonwealth for
public road purposes, and any coun- '
tyrmay be permitted to incur an in
debtedness in any amount fixed by /
the county not in excess of five per-
centum of the value of the taxable
property therein. for public roads
d.. ~ ad
said additional Indebtedness is sub
mitted to the voters Of the county
for their ratification or rejection at
special election held for said pur-
pose. in such amanner as may be pro-
vided by law, and when any such in
debtedness is incurred by any county
said county may levy, in addition to
the tax rate allowed under section
157 of the constitution of Kentucky
(Which rate lis soc on the 5000 an
amount not exceeding zoe on the
500 OF the assessed valuation of
said county for the purpose of pay
ing the interest on said Indebtedness
and providing a sinking fund for the
payment of said Indebtedness.
Repeats Provisions.
= Il is plain to be seen that this
GOOD roads amendment to the con-
stitution repeats the following pro-
visions in sections 1877 and 1853 of
the original constitution. viz:
1. That the limitation in section