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Show CANNOT ANTICIPATE STATEM FUNDS Tax Must Be Collected Before Be-fore Being Expended, Says County Attorney. ' j State road funds coming through the county treasurer's office should not be spent before collected, according to the opinion of II. L. Mulliner, county attorney. attor-ney. The opinion lias been written by Attorney Mulliner in answer to a letter of inquiry addressed to him by Raymond C. Naylor, as to whether or not the county coun-ty could borrow and turn over to the state road commission money representing road taxes yet to be collected. Requisition for Sis0,00n of the 1916 state road levy and for $19t;5.78 of the 1915 levy was made upon the county treasurer by tlie Ptatft road commission on October 3. Only ?r.2t)3.ti was on hand In the treasurer's treas-urer's office lo the credit of tne state road fund. County Treasurer Naylor called attention atten-tion in his letter to the county attorney to the fact that notes would have to be issued before the requisition could bo met. He asked if this could properly be done under the statutes. The county attorney's attor-ney's opinion follows: Referring to your letter of October 5, 1916, requesting an opinion as to whether notes can be legally Issued by the county for funds to be used for the state road before the funds have been collected in regular, beg to advise: ad-vise: Chapter SI, of the laws of 1915, provides pro-vides for the levying of a state road tax by the county, and also provides that when the levy is made the money becomes due to the stale road commission com-mission and can be requisitioned by the secretary of that commission as the money is collected. The money should be paid over to the state road commission upon these requisitions as rapidly as it is collected. The county Is not authorized to borrow bor-row money to make up this levy to the state road commission. If money is borrowed in advance of the collection collec-tion of the state road fund. It would have to be borrowed by the state road commission and not by the county. |