Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
OCIIALD c. MANN *.1-- . ..uAL June 5, 1939
Eonorable A, J, Brym, Jr,
Crlmlnal Dirtriot Attorney
Elllsboro, Texas
purpose when raid atea prior to the oseds are aotually 6, requesting our opinloa in raots whioh are, on the above bridly, as f road bond irsue ,000 for tlie
ing and operating maoaaamlred, lkes, or in aid bheraof, 8 oooparatlon with fhe Works that prior to the rale of the that the election had raaultrd tain W. P. A, projeot.6 whloh wwre~lntendod oaontyq.Lde road oonstruotion oontemplatad e. This a&ion oortaln bills or lnourred money was aotually~a~allable Iron the sale before thr appointment cbf a road sriperintsn- bed by. the special Hill Oounty road’law, being Houss Bill No. 500, Ohaptsr 53 of the Speolal Lawa of Texas, passed by the Thirty-sixth Legislature.
It ooours to un that the anmer to this question must ultimatsly tost upon the datarmlnation of whether the wo& ~OIZN *2 Juno 5, 1939, Faga g Honorable A. J. Bxyan, Jr., was suoh aa would hare been gone 19 anj l yent or that would the l aaoarpllrhment of the purpose for have been l armntial to . . . . . _ _ wnlon tne ctonas were v0t0a. It tha I*terrlnbtlon 18 in iavor of the nooossltp of muoh work having been dolie to thr ultimate aooompllahment of the lntendod purpose of the bond laaue, than it la the oplnlon of thlr department that the bill8 inourrad, as reoited in rour letter, are properly ohargaable against the p?oeeda of the bond sale. Otherwlae, such obligation would be & oharge only against the road and brlbge fund of the county.
In an6wer to rour roooixl question, it lr our opinion that Sollowing the appolntwnt OS the road Buperlntendent, it beoomom hl,m duty to detrtinr.the propriety ot the work done, ana ii ha finds l mno to hate been work 8uoh a# he would hnve nquired in the alrohar e of hIa autlea or oiilae, than ho aan pr;rsly approve 8uoh b fl 11 or obligation in tjmt brhalf in-
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Tha question8 rubmlttod are prlmarll~ que8tlona of than of law, and onoo the facts are determined we iaot rather think the Sor8going oonolualon 08~1 propbrlr bo follqwed by the County AuQltor in allowing or dl8allowing the paymnt of suoh blllm.
Very truly yourn All’ORNEY OENXFAL OF TEXB A!X"l'O?UGXdENERAL OFTEXAS
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