Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1922-08-03
COURT STATES
$500 WASPAID
OUT ILLEGALLY
Affidavifs From Beard Promising
Not To Pay Out Further Sums
ENDS injunction

tHS CSiipoIdIy injunction Wnlcn was
obtained 1U days ago against Ins
county commissioners to restrain
them from paying additional sums
of money to the Georgia Good Roads
association.
In his decision the judge pointed
out that the commissioners cannot
lawfully appropriate money, from
the coutny treasury, for the purpose
of aiding the passage Of resolution
for the submission of constitutional
amendment authorizirgs- the issuing
of bonds by the sttta for the pur-
pose of building ana leonstructing
public roads,
In dissolving the injunction the
court recognized the fact that evi-
dence in the form of affidavits had
been submitted during the hearing,
to the effect that the board would
not pay out any further sums to
the road association.
The original petition, under which
the temporary restraining order was
issued, was brought by w. L. Mitch
ct al against N. A. Ray ct al county
commissioners and II. D. Watts,
county treasurer.
There was no disposition of that
section of the petition relating to
the return of the $500 that has al
ready been expended.
Zach Childers and Dan Cbappell
represented the plaintiffs and W. w.
Dykes represented the defendants.
The order of the court dissolving
the petition follows:
"1he above stated case came on
for hearing and was heard upon the
pleadings, testimony and agreed
state of facts, the question being
raised as to the legality of an al
legged appropriation to the Georgia
Good Roads association of funds
from the county treasury,
'"The constitution provides, "Thas
the general assembly shall not have
the power to delegate 10 any eonn-
ty the right TO levy a tax for any
purpose except for educational i1ur-
poses; to build and repair pubic
buildings and bridges; to maintain
and support prisoners; to pay lu.v.s
and coroners, and for litigation,
quarantine, roads, and expenses eaf
courts, ETC. And while a large dis
cretion in the expenditure of pubiic
money is necessarily vested in the of
ficers OF the county who have charcg
of its affairs, such discretion does
not extend to the appromiatioa Of
public monies beyond the specified
purposes enumerated in the consti-
tuition.
Under the above constitutional
provision the county commissioners
cannot lawfully appropriate money,
in the county treasury, for the pur-
pose of aiding the passage of reso-
luton for the submission Of consti-
tutional amendment authorizing the
issuing of bonds by the state, for
the purpose of building and con-
strueting public roads, and an appro-
priation for such purpose would not
be the exercise Of a power incident
to road building within the meaning
of this constitutional provision and
laws passed in pursuance thereof.
comforting upon counties the right
to appropriate public funds for the
purpose of building and repairing the
public roads; and this is true even
though large sum OF money. aris-
lnE from the sale Of such bonds,
would be paid into the county treas
ury to reimburse its for expenditures
already made by the county on such
public highways, and however COM
mendable it may be in the county
authorities to endeayor to secure tie
refund Of such money, they have No
authority to issue warrants. upon tbs
funds in the county treasury in an
effort to secure the passage of such
constitutional amendment, and they
may be enjoined from doing so by
a citizen and tax payer of the coun-
ty.
"The main question for my adiudi-
cation at this time is whether an in
terlocutory injunction shall be
granted, restraining the county com
missioners and treasurer from pay
ing any further amount under tins
alleged appropriation.
THE statue Of this state confer
ring upon judges the power to grant
injunctions, provides that the order
ing of injunctions shall be prHdentay
and cautiously exercised, and except
in clear and urgent cases should not
be resorted to-"
In the sworn answers Of the com
missioners and the. treasurer II Ii
stated that the commissioners had
the Georgia Good Roads as
sociation that no further amount
would be paid upon said appropria-
ton, and that they would not pay
any further amount thereon; and
that the counsel for the plaintiffs
were notified by the commissioners
and treasurer Of this withdrawal of
fha <oTeerte1af II ~ aka anv furfha,.