Evening journal., 1915-04-07
RIGHT OF LEVY
Court TO BORROW
Attorney Says Body May
Do So Under Certain
Circumstances
BURRIS WILL
OPPOSE LOANS

As a result of the recent legislative
investigation into the financial affairs
of New Castle county. at which time
tho question Of the legality of the
court borrowing more than $4,000
in any one year was raised, Frank l..
Speakman, attorney of the Levy Court.
at the meeting OF that body yesterday
submitted the following opinion bear
ing upon the subject:
ITO the Levy Court of New Castle +
County.
Gentlemen: You have asked the
question whether the Levy Court has ,
the authority to borrow money for .
the purpose Of relieving the present I
financial condition of the county and /
providing for the future needs Of the /
county for the balance Of the present |
fiscal year. Upon examination ] find !
the following provisions Of law au-
thorizing the Levy Court TO borrow
First II is provided by Section |
| 1895 of tho Revised Code that.
II shall not be lawful for the
said Levy Court 10 contract any Goat
ing debt or TO borrow any money
in addition 10 the amount by law
authorized 10 be borrowed exceeding
the sum Of $4,000 i'm any one year
When any such floating debt shall he
/ hereafter contracted it shall he the
duty of the said Levy Court to pro-
vide for the payment thereof out Of
taxes to be levied in the year next
/ hereafter
From my knowledge of the present
! financial condition of the county I am
] 81. 1 4
cannot legally contract any additional
floating debt. and that II would lave
no authority TO borrow any money
under this provision during the pres
ent fiscal year. ! am of the opinion.
] however. that the Levy Court could
borrow any amount up to $4,000 at
any time on or after July I of this
year
"SecondA It is provided by section
1850 OF the Revised Code that The
\ Trustees of the Poor of New Castle
county shall not have the authority
10 borrow any money whatever Upon
\ extraordinary occasions the Levy
Court of said county shall have au-
thority upon application of said trus-
i tees. to borrow. for the use of said
/ trustees. a sufficient sum Of money to
meet such an occasion. The payment
of such sum to be provided for in the
levy of the poor taxes for the ensuing
year
by reason of the fact that there
Is no money. or at least a very small
amount. in the hands Of the county
treasurer for the purpose of paying
the warrants of the trustees Of the
poor when they are presented for pay
ment. and that sufficient amount will
not be received from the collection Of
taxes for said purposes. am of the
opinion that an extraordinary occa-
sion as contemplated by said section
now exists, and that upon the adop-
tion of a resolution by the trustees.
the Levy Court upon the adoption of
like resolution by it. after said appli-
cation of said trustees to it has been
received. would have authority to
borrow such sum or sums of money as
the occasion might require for the use
of said trustees, the payment of such
sum or sums to be provided for in the
levy of the poor taxes for the ensuing
year
Third: It is provided by section
1911 of the Revised Code that: The
Levy Court shall provide all moneys
necessary TO keep in proper state
of repair the roads constructed under
said statutory provisions except with
b in the limits of any city, and may il
there be no moneys on hand that can
! be lawfully used for such repairs. bor-
row therefor on temporary loans until
- the next annual taxos shall have been
assessed. collected and paid over to
the county.
"The roads referred to in said sec
= tion are the roads built and improved
under law which are known as coun-
: ty roads. considering the present
financial condition of the county and
the fact that there will be no money
on hand that can be legally used to
keen in proper state of repair the
said roads before the time when it is
imperative that the said repairs be
made. I am of the opinion that the
Levy Court has the authority TO bor-
row all moneys which may be neces-
sary to keep the said roads in prop
er state of repair on temporary loans
until the next annual taxes shall have
been assessed. collected and paid over
to the county.
ct have not had a sufficient time
to properly consider the question as
to whether moneys can be borrowed
by the Levy Court for other county
needs. If IL should he considered
necessary that other loans be arrang-
cd for in addition TO those authoriz-
cd i'm the sections above referred TO
| would be very glad to give the mat
ter due consideration after being So
advised by the Levy Court
Yours very truly,
"F. l.. Speakman."
Following some discussion during
which Mr.. Burris remarked that h,
would oppose any further loans by
the court. the subject was referred
IN thc law committee.