latteropinion,con- tains the followiugstateieent with respectto the above quoted sectiou:
"As to that portionof autoxwbileregistmtiou fees retained.byVan Zandt County,Article 6@!%-10, Vernpn's AnnotatedCivil Statutes,expresslyprov?deshow sama shall be expeudad,and for that reason It is obviousthat article 6740 has no applicationto same."
The purposeas stated iu Article667!%-10is tha "coustructiou and mainteuanceof lateralroads" or "paymentof obliggtions"incurred in the constructionor,.~provemeutof all roads within the county. There page 3 bO-3137) HonorableRob MeCampbell.,
is no formulafor the spendingof thfs perticKlerportfonof the county Road and BridgeFnnd. Article 6740 has no application,according~tothe decisionof Novell vs- Shivers,supra. The resyonsIbility for the proper expenditureof these funds rests primarilyupcm tha Comm~lssfone~s~ Court. We qnote furtherfrom t&e above mantionedcase as follows:
"Ry article2342 of the RevisedStatutes,it is providedthat the'severalcommissioners, togetherwith the county judge,shall.composethe 'commissioners court.' Such court is menffestlya unit, and is theagency of the whole county. The respeotivemambars of the commissioners court are thereforeprfiParily representatives of the whole connty,and not merely represrntetives of their respective precfncts. Tha duty of the coiiLrrlssPoncrs court is to trsns- act the business,protecttie Interest,snd promotetba wel- fare of ,thecountyas a whole. A~gtbe puwers conferred ?qim swh COUPE by 8FtiCiC? :!.;:~>I a:- t.& Pdk~tnny: ,?Phe power to lay out adI estklblfab, ahmge am? discontfnuaroads and highways)the mer to buitfl~. br;lg~,and keep them in repair,and the Rower to exercisegenepalarr-;trol over all rosds,higtweyo,ferries,end brifiges in their counties. They have the power ta levy 13tar not to exceed 15 'cents on th% $100 valwtfon fog ~oels and b17:.dgeso This fund is, of course,for the benefit of ell roads and bridgesof the con&y. These provisionsof the Saw, as weiE as others which mi#.A be mvntfoned,clearlycontemplatethat the com- missionerscourt of each connty shall regard the reeds and highmys of the countyas a system,to be laid out, changed repaired,improved,and mafntarned,as far as practlcel,, as a whole to tiw best interestsand welfare of all the people of the county. It is clear2.y contemplatedthat all roads and brfdgesof "he con&y shall be maintained,repaired,and improvedwbennecessary,as the conditionsmy requke, re- gardlessof tha precinctin which same may be located,so far as the fun3s WilL equitablyjusLiiy.7'
As for that portionof the countyRoad and BridgeFund con- sistingof countytaxes,Article 6740, vernonusAnnotatedCivil Statutes, provides:
"'Thacommissioners court &all see that the road and brid~gefund of their county is jndiciouslyand equitably expendedon the roads and brfdgesof their county,and, as nearly 8s the conditionand necessityof the reads will permit, it shall be expendedin each county cosnnissioners precinctin proRcu%fonto the amouut collectedin such pre- cfnct. Money used in buildingparnmnentroads shall ffrst be used only on first or second4Lass roads, and on those which shall have the right of way furnishedfree of cost to - a
HonorableBob McCampbell,pege 4 (o-3137)
mke ea rtraieprt a roud as 18 prclctlcable and having the gmatert btmw offeredby the olti,senlrof may, labor or other prol?e*.*
This Articlebaa been ocmtrued by the gcmniaekm of Appaala of the Etete of Tows. gtovallvs. ghlvers,aupra.
We quote thewfrontas follow:
"It will be obwrved that the article in questlou providesthsttheroad audbridgefwdshallbe judi- cloudy and enpitablyexpended COIthe roads and bridges of the county,and, as nearly aa the conditionand