The Butler Weekly Times Newspaper, October 24, 1883, Page 1

S _ the Attorney Generai’s Opinion on| the Proposed Appropriation the County aupproprat The recent order of Court of Bates county $10,000 from monies receiv ed from dham shops under the new law for) the purpose of building a jail and} also the bridge appropriation, haying | been questioned ma legal point of | view, Prosecuting Attorney Francis- co submitted the question to the At- | torney General of the state and has i received the following reply: Srare oF Missouri, OFFICE i or ATTORNY GENERAL, City OF JEFFERSON Oct. g, 18383. j Mr. S. P. FRANcisco, Butter, Mo. | Deak 5ir:-—The answer to yours | of the 1st, has been delayed on ac- count ot my absence and the de- mands of other business. My opin- jon 1s requested as to the power of the county court to appropriate the taxes received upon dramshop _li- censes to the purpose of the build-! ing of jail and bridges in the coun- ty. The question in its simplest | form is, is there any statutory au-| thonty for such appropriations? | Has this power been conferred upon the county court by any act of the legislature now in force and appli | cable to your case? I think not Sec. 5324, R. S., comes nea to conterring such authority than any | other provision that L know of. It declares that ‘‘wherever the county court of any county shal! think itexpe- dient to erect any of the building aforc:aid * * * and there shall be sufficient funds in the county treasury for that purpose, not other- wise appropriated, or the circum- staces of the county will otherwise permit, they shall make the building thereof, etc.”’ It will be observed that this art. 2 of chap. 93 Was not revised, but merely com- piled by the committee. See tables, p 1667, R.S. It follows that re- yised acts being later must prevail, if there requirements conflict in maner with the unrev ' 6818 and 6819 are both mandatory | m theirprovisions, (I entertain no doubt of the correctness of this pro- position, having carefully examined the question, but must omit the rea- ons) and make it the imperative du- ty of the county court o: ' to appropriate, «apportion and sub-di- | vide all the revenues collected and | to be collected, and moneys rec and to be received, etc.’? In view of this provision which is in full force, it can not be said that these | license taxes which go into the county treasury as any other county tevenues and become a part thereof, | are not otherwise appropriated,’’ | using the language of sec. 5324, su- pra, even granting that this latter section isin full torce, which I do not ‘think the case. But, again, sup- \ posing the last mentioned section to! be in force, can it be said that the | circumstances of your county will! otherwise permit this disposition of this money, when you are about two thousand dollars in debt??? It docs seem soto me. For these are debts or claims against the county and it | allowed by the court must be paid Mp according to the order in ‘which they are allowed on of the funds mentioned i v n order for eived | lEthe eftect of such an order be to! “defer the payment of these debts, as ‘You term them, it certainly could not ; ‘be done. Itis proper that I should femark, however, in order not to be misunderstood, that if the taxes re-/ to are sub- divided as required by secs. 6818 6819, supra, then a of said sec. 6818, the proyisions of chap. and amendmeats t! Mar. 14, 1883. Finally Lam ot the Te is no provision of the Pithorizng the appropriation of the mse tax to the erection ot jail a there any provisions by whic’: may be seectly apr sand of acec above ct to the powers! ete., as ‘XCept wha Himured by} ey must pursue th m the 453; 26 authori scope of therr pow- Mo., 2 fauarm, and Mr. | miner, a type of men rapidly ; ment, | amusement | November, by its | the sterling worth of che articles it contains, ofthe most exacting reader. tor H. B. Anthony writes of ‘*Limit- ed Suffrage in Rhode Island.’’ 5 Norvin Hl Money to Loan. S Western Union Company, in an ar-| On realestate security 1 to 5 years and | ticle entitled ‘The Government and ; time - aie oe Sate interest and small | {a e all C r0 C erie S the ‘lelegraph.”’ | commission Terms to suit the borrower. | J in the warrant. Secs. 5370 and 6819.!N Utter brings out the record ot certam alleged atrocious crimes of “John Brown of Osawato- | mie. ticles, namely, ‘‘Solar Physics,’’ by | Professor *sModern — said funds may be used for | ee purposes, under sub-division | tributes *sConversations with a Soli s tary, | between a Radical and a Conserva- tive, the MISSOURI, WEDN ee OCTOBER 24, Iss; ; such pone as arecon- ferred on it by statute.’’ 56 Mo., 126- 129. ‘‘And they are ae agents of | their respective counties inthe man- ner and to the extent Brescuibed by lav So long as they cor rtinuc to tread in the narrow pathway i to their feet by legal e nent, their acts are valid; but whenever they step beyond their acts are jvoid.”? 61 Mo., 237-239 Since answering yours of the 1st, inthe above yours ot the 8th has been received. You will see that} according to my opinion the money } derived from dramshop __ license | | should be sub-divided, and appor- tioned like any other moneys. If ;this were done then the duty of | the treasure would pay the warrants. the county court is best thing they can do is to rescind it. The treasurer must pay the money in the treasury out as_ direct- ed by the statute and not according to unauthorized orders of the county court. See sec. 5370 March 3, 1851, Sess. acts. p. 94. Respecttully. D. H. McIntyre, Attorney General. But the order of void, and the State’s evening’s Attorney. An everyone expected, the Academy of Music was crowded and overflowing | last night: drawn there mainly to see John Dillon as *‘Pilgrim Boggs,”’ mn the play of ‘State’s Attorney.’’ The the tact, t audience was disappoimted in Dillon is an acting last n laut rels to his old time chaplets of popu- larity: the members of the company demonstrated that, they are a galaxy of stars in their various specialties. The honors were equally divided between Mr. Dillion, as the pettitogging, euphon- ious and effervescent attorney, and Mrs. Walters, as the sympathetic, frollicking, goed natured school McVeagh, as the ideal, old time bluff representative | disap- The wavering pearing from the real stage. audience were kept busy and changing from uproarious laugh- | Stat ter, to te rs and sympathy. Attorney abounds extremes of of character, which affords a pleas- i é ant and recreative evcning’s enjoy- rarely offered the public.—Couneil | such as is going Bluffs Nonpareté. Waltons opera house Oct. 25, 1883, one night only. Admission 50° cents, reserved seats 75 cents. The Norih American Review tor | liveness and, satisfies the requirments Sena- | Dr. | Green, President of the Rev. David | oblivion The from *? There are two scientific ar- | and } Gen. | Balfour Stewart, Explosives," by John Newton. W. H. Maliock con- } y passage-at-arms two opposing ; and in which the government rere spi pent. In ories oF ue advocated ngenuity of plainly be to} and act ot | enjoyment.—As | collectively, | Cléninacs Lozier. Fitty cents a! , dealers generally. “BEST OF ALL.”’ F A L L i Biood and Liver Ton- 2 A D E cent Remedy. “My wites And if "oO . Ta tet a F “p 5 FA | and disorderea you want to save money call and see if we don't give |den Blood and Liver Tonic. It is the | you more Furniture for the } best of all remedies.”°—( James J. Wright | Des Moines, Iowa. | “Your Golden Bioog and Liver Tonic is | [= excellent remedy tor biliousness and | s ot appetite. | Sakae ay I i j | | Thave used it several | ary Thomas, Fort Scott ! | Kansas. “My blood, and bowels wi several ee naronte cocedtnca Tate ce aoa than) vou could ever medieine."—obn GH, Kansas Cit | “ie buy before, consider ing superior Mo. ew &¢ OOdS Cc g Ce 2 » . | Marsh’s Golden Blood and Liver Ton | ing receive ( oe day - Give us a call, | ic, the great blood and liver purifier, and | | Marsh’s Golden Balsam, the famous throat and lung medicine, are for sale by | J. HH. HitshewX Co drt Large bottle: | WAN'TED—500 cord of wood chopped Will pay customary price. Chill at North Main Wood ani Coal yard. quality. ist’s, Butler. » cents and $1. Opera House Furniture Store Speaker Keiffer. was in tow Ffartaiend at low pric The finest se! gies at Buy Your Harness and Saddles OF 4Ott. | Linemer wonders: Jacksons of new Racine wroug! ing wagons, the best on } . MCFARLAND BROTHERS, pOtf. Ar iron gear earth at A car load genuine Barb wire at R. Stecle | R.DEAcoNs. 4Ott. | cutt”’ Just Immense. i Those gold pens, pencils, tooth- | j Pick s, just received at Maynard’s, Call and see them. 45tt. maori wn gn of the red | The big red h Gus Wyarp. , | best place to get harness at | Gus Wyarp. pm IN SYNDICATE BLOCK. ine, ae i Just received the largest and best | tock ot Holiday Books and | come to Butler, at M. A. j 45th. Pure Kentucky whiskey, for medical | and family use. Lewis HorrMan 36th. North Main St. selected s Toys ey | Maynards. If you have a lame hoise geta bottle ot Tackson’s Linement, at Gus Wyards. The best dollar collar at the sign Gus Wyarp. 42-ti Right at the jower scale, South side square, keeps a tull hne of of the red hame. i} att. Sims & Tucker. All work warranted at Gus Wy- Also a full line of good | Queensw are, Glassware and Woodenware. r ign gold mo 2d hame. 42- ‘ : ‘ ag ‘ ; a eee pp Dry Goods and Notions, Boots, Shoes Hats and Pi More idles to select from ati oes > 25-+ ° Gus Wyard’s than any place in the | all sold at pr ices that de fy C ompe tition. city. Sign red hames. 42-tf | acksons Linement at Gus | Yor a Clean Shave h Bros. shop, near southwest | y have aneaty | INE DRUG STORE: OTHER “DRE GS, PALFN hes, and Everything in the Ce Line. square, T ont: a= 2 AV LES) ~st De Pun LE meeps ATeit- BERRY BROS.