Texas Attorney General Opinion: O-4955 Page: 4 of 4
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HoanorabLe 40, fleeorea Page 4
oonmisaloners' court which was under attack was valid or
invalid. On this point the court said:
The validity of their aot was not
affeoted by the fact that tLey were ae-
taken, or that there was an adverse deoa-
sian of the cuestiion. It has be 6en r
quantly hel tdat the power cannot be
measured by auch a rule."
The Irtod & B4ridge Fund is a constitutional fut
(The C ssionrs ' Court of enerson County va. Burk, 262
3'.. 9, and sneetion 9, Article 1 , Texas Cnotitu l tion)
Therefore, the moeys aris lI from taxes levied and co leted
for the Road . Bridge Fund is a oanatitutional r fnd 6n te
omuseutoars' oourt has no power t transfer money fro oe
fund to another or to expend, for one purpose, taxa ny
zraed otmanaslMr for another pur po. (see C arrol vs.
williams, 202 .a. 504) The otssoners' court has no au
thority to expend anney fro the Road & ridge und foar the
purpose of oostpen inat an attorney who is employed toe pr -
set the ooanty. oatasionAers' court has no authority
whatsoever to employ and pay an attorney to represent P. L.
As above stated the n s~i~ sioaer' c ourt has thS
power and authority to eiloy attorney in the prOseiQt
of ts elates ad suits am pay for such services out of the
General Fnd of the county whoe the countyas as s whoVe is
interested ad affected in auch prooeeAats. T Thenmtn, it
is our opinion that the oamisioaners' ourt is autaosAed
to eaplQy an attorney for the purpose of repreentin the
omisosioun rt~a court and the county in th above aenmtoned
case nd pay h out of the Gearal Funds oat the county
we are returning the papers which were enclosed
with your recqueot.
?rsta ng that th argoingI fully ansafers your in-
quiry, we an
NoV 17. 1942 Youra vary truly
APIST ASSISTANT .y A Q .... \
ATTORNEY GENERAL Ardell WI4t1S dB"
Asis n r-ION' 1
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4955, text, 1942; (texashistory.unt.edu/ark:/67531/metapth262210/m1/4/: accessed December 14, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.