neces- si+q oftheroadsuQlperarlt,shallbeexpaded in each countycoxmisaionersprecinctIn prowrtion to the emount collectedin such precinct. In our opinion,there i~ ob- vlowly nothing in this articlewhich compelsthe comuis- sionerscourt to dl~idethe road and bridge fund according t~snyfixedwthweticalformula, andayportlon same In advancefor the purposeof kfngexpemded in any given precinct. Theuseoftheword'exgended~toourminds cleerly suggestst$at said fwds shall be Bpporticmedand pid out from time to time as the neoesafbyfor their we $rp$s in the ordinaryad&nlatration of the cowty affairs .
"gotwithstanding this, the cowilaaiwers court must give effect to said article 6740 exceptwhen the necessi- ties of the roads and bridgesre¶uirea departurefrom it. That articlereclnires thet the wad and bridgefwds of all couutiesshall be judlciou~4 and Nuitably expended. It fur- ther requireithat such fuuda shall,a8 nearly as the condl- tlm and necessityof the rmds will permit,be expendedIn each cozemlasionercl precinctin proportionto the awwt col- lected in such precinct. The dominantpcrwse of this statute seems to be to rauire that the roadandbrldge fund shallbe eqended in each comnissiwers precinctin proportionto the amowt collectedtherein. In this regard,the statutemeans that each precinctshallpriw facie be entitledto Its own funds, and in the absenceof any reasons to the contmry thay shouldbe so dividedand expmded. However,the duty to ex- pad the fwda in the groprtionabovewntlcnedisnotan absolutelyiuflexibleone. Thi6 is evidentfrom the fact that the dominent.purpose of the statute,lsqualifiedto the extent that the court by clear implicationis given the right to ex- pendthe roadandbrldge fund ina proportionother than In the proportionin which they are collectedwhen the condition8of the roads In the rcapectiveprecinct6createsa ncceseity80 to do. We thinlc, however,that the requirewnt to expend the EcmorableBob McCampball,mga 9 (O-3137)
fund in the proportionmentionedmot be avoided except in CBGCS or conditionaof necessity. Of course,the conmisslonerecourt has the right to exerciseits sound jud@ne& In determiningthe necee- city, but it cannotact arbitrarilyin regerd to such mtter."
In view of the above mentiouedgtstuteaand case, your first que3t1cm is respeotfullyansweredin the affirmtlve.
In reply to your secondquestion,you are advised that it is our opinim that the Conanissioners' court may secure the above llmltioned right-of-wayin the nmuer providedby Article 6674n, supre,end "pey for Fued, or out of any special the sore out of the Couuty Road end Br3rfdge road funds, or any evcileblecounty%nda," es stated in Article 66741~. However, tM.3 Gtatute doe8 not authorizethe Comdselcmers' Court to trans- far nmney from one constituticmel fund to another,or to expand,for one purpose,tax moeey rafred nstensiblyfor anotherpurpose. The Cnnstitutlon prescribesthe maximum rate of faxes for generalpurposes,for roads and bridges,for juries,end for pernmnentimprovements, respectively.The moneys arisingfrom taxes leviedend collectedfir each of the enumerated purwaes are ccmvtitutlonel funds. (Cerrollv. Williams,202 g. W. 504; Tax. Jur., Vol. ll, p. 609). Neither can the Corenlasloners' Court trens- fer or expendnoneye obteinedby the iseuanceand sale of bonds for any purpow other than the ;qecificpurposefor which said moneys were raised end obtainedby the issuanceand sale of said bonds. We think the tern "evalleblecountyfunds" ee uaed in the gtetutemeans such funds as have not bean relsed,collect&, or appropriatedfor a specificpurpose.
Trustingthat the foregofngfully ansfrers your inquiry,we are
Yours very truly
&q /a/ Ardell