have no power to re- lease~orextinguish,or to authorieethe releasing or extinguishing,in whole or in prt, the indetied- ness, liabilityor obligationof any incorporation or individual,to thie State, or tc any ccuntyor othermunicipalcorporationtherein.' Hon. E. A. Katson, Page S (o-909)
In our opinionthe foregoingla* bears directlyupon the propositionpresentedby your questions,and we find adequateauthori- ty thereforin the cases. See Delta Countyvs. Blackburn,23 S.W. 418; Comanche Ccuntyvs. Burke,166 S.W. 4701 Rigginsvs. Post, 213 S.W. 600; and City RationalBank vs. EastlandCounty,12 S.W. (2d) 662.
After carefulconsideration of the decisionsin the above cited cases,and a study of the languageused,we have reachedthe con- clusionthat the Cosssissioners' Court does not have the authoritytc enter into any kind of an agreement,eitherin or out of court,to relin- quish or releasethe obligorfrom a full performanceof his or its part of a contract. In supportof this conclusionwequote from the case of Bland,et al., vs. Orr, 39 S.E. 558, whereinChief JusticeGaines,speak- ing for the SupremeCourt,said: "It is sometimesto the interestof a creditor to compoundhis claim,and countiesare no exception to this rule. It would xeem,therefore,that author- ity to receive,in satisfactionof a debt due a county, somethingother than the full amount of money, ought to have been given to some of 'its officersor agcntsJ but it is clear,we think, that the Legislaturehas not lodgedthe powerwith the Cmsmissioners' Courts,whether purposelyor not xc need not inquire."
Further-- "Re have found nothingin the laws existingat the time the presentConstitution was adoptedwhich empowered the County Courtto ccmpounddebts due the county,or which gave them any controlover such debts."
Wherefore,the twc questionssulmittedmustbe answeredin the negative. Yours very truly
ATTORHW GENERALOF TEXAS
By /s/Clarence E. Crowe
Clarence2. Crowe Assistant 'Xi.6opinionhas been consideredin conference, approved,and ordered recorded. /s/W. F. Moore APPROVED W.F. Eoore Opinionr%mitc:oe First AssistantAttorney By ?fR Ii- Chairman Beneral