The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-10-09
GOOD REVENUE FOR
ALL COUNTY E3iD>

tie state, whether O.. not 1t has conI-
Piled With the ieue4a a. law in securing
aid for roac-odliu.nS Hereunder, is
entitled to So pec cent of the funds
arising from the sale Of automobl;7
.icenses in th,t county, under t-l5
state highway act. Twenty per cs,;.
- 49, ...-o-nt arising from the pro,.-
.-ocs of the state law is to be cred
tied to the maintenance fund OF the
highway commission, and if there is
al uneNpendeG balance at the end o.
the wear it is to be held in this fund,
and if there should be an accumulation.
in this regard to scfic:ent amount.
the state commission could submit:
projects of sufficient funds Of its o.
to the government and have suG! Glen:
funds OF its own to comply vita the
federal requirements.
Such is the effect OF an impcrtnat
ruling by the attorney generals Office
this morning, affecting the highway
funds of every county in the state.
The opinion is as follow:
''Mr. F. H. Murray, Acting State
Highway Engineer, Columbia, S. c.
Dear Sir: have your letter of the
I'd inst to the attorney general. You
ask whether or not under the Prov
sions Of section 13 OF the highway act,
which authorizes the commission IN
the event any county should not CON-
Ply With the requirement of the fed
eral government in securing federal
aid for their roads, to submit projects
for important roads in the state ANA
pay the amount required by the gov
ernment to supplement its funds out
of and uneXpended funds to the credit
of the state highway fund the COM
mission would have authority to draw
upon the so per cent of the fund rais-
ed by the automobile license tax due
the county in which such fund arose,
O" whether the commission would be
restricted to the use Of the 20 per
cent allowed it for operating expens-
es under the terms Of the act You
further ask whether or not any uneX-
pended portion of the 20 per cent OF
the fund raised by the automobile "
canse tax to which the commission Is
entitled for operating expenses, at
the end of the year would be placed
in the general state fund by the state
treasurer or whether such amouny
should be credited from year to year
to the highway fund to be used by the
highway commission in it's discretion
in carrying out the intent and pur-
pose Of the highway act
"In reply thereto beg to advise that
I am of the opinion that the highway
commission is without authority 20
draw upon the fund arising from the
automobile license tax in excess Of
the 20 per cent specifically provided
in the act for maintenance of the. de-
>partment> and all counties, whether
they have complied with the federal
law in securing aid hereunder or not,
are entitled to have 80 per cent Of
the funds arising from the sale of au-
tomobile licenses in their counties ro-
turned to them by the commission.
Twenty per cent of all the fund
arising under the provisions of the
highway act to go to the highway
commission for the purpose of main
tenance and also to supplement the
government fund on l.ojects submit
ted by the commission, and any un'
expended balance of this fund at tbs
end of any year should be credited by
the state treasurer to the highway
fund for use by the highway commits
sion and should thus accumulate from
year to year so that in the event it
should reach an amount sufficient the
commission, under the terms Of the
act, could submit projects of its own
to the government and have sufficient
fcnds of it's own to comply with the
requirements.
Trusting this gives you the desired
information, I am yours very truly.
"CLAUD N SAPP,
assistant Attorney General
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