| Show BOARD HAS AUTHORITY May I Ia to In n I fur for m tI Attorney barrel Rave gave Ie out the following opinion yesterday after afternoon noon DoUbt to Secretary lIon of ot the thc state land board stating Hint the board hits has authority to 10 appropriate money mon with which to 10 defray d Cm expenses e for Investigating lug ing reservoir sIte piles I J heg eg to In acknowledge dl the tho receipt of or your favor of Ut the hit In lii which rOll louI ilp ro to bo an nM to whether thin Ihn state otate board bon Ill of ct lund land lolI cr re hoe has hn authority under hatter r the mite law III to ap op appropriate out null of lit tilt the reservoir fund for or Ih Ii payment of the taCt rout of In lii Ine e sites rind the time pre work ne necessary le aary to III CI determine th feasibility of ot constructing a ic riser reser reservoir voir III In replying to In the tue foregoing I brg h to direct your cur attention to 10 the provision of or chapter f rt session ep law ar of oC 1901 sec eec section lion tion 2 an as II amended by hy chapter OS liS cs r Inn law lasts of nt 1003 ice which IH directs the tho sin tuI to board of cC land rom mill to in jo tl it be hI stilt ulI ohio sites tot for tho tit th of or reser resor fIrs and nit entice cause to II the thu I h milt slut abb reservoirs for III 11 the tho purpose of or tor milor Ill or orIn lug Ing In teeter to 10 bl be l to 10 stein and other oIlier lands inti whenever III In Its judg judgment ment the tho th Interest of or the state would be lie promoted thereby th reb rebII It II will be observed that by h the th lang hang language tinge of ot sectIon i 2 an jot amended the stat board ni of or it land OHIO mill cc loiters Is Ip I s not lIot only authorized to make selection lIon of or sites Mies and to 10 construct reservoirs r hut hilt the law t II I soul said board to not lot affirmatively mati that IH Is to in sty say Sll It Is III made mandatory upon tho tine board to make such selections and amid construct reservoirs re when in UN judgment the Interest of or the til state would be lie promoted In II order for tor or the tho th board boari to tf net act Intelligently anti and nl for the best he t Interests Interest of ot the state there must of or necessity be bo Investigation and preliminary work ork This cannot be accomplished hl without expense nod In my opinion the section referred to carrIon carries with wih It authority for tor or the appropriation of o the tIre funds to carry CArr nut out anti ald to put nut Into Inlo operation the 8 of or the thO Legislature In enacting this law how Re lie 1 fen ferrIng Ing to 10 chapter IZO lass 1111 of ar 1003 1 03 referred to In your our communication thou lion providing for tor the tho th encouragement of ot reservoir oJ h thus the selection of or two ut or the most mo t feasible reservoir rt sites site ples the Ih preparation of data etc Ilc you OU are advIsed that this entire chapter way was II re cc rep r p pe pealed led lcd by I chapter 12 laws of or IMS 1905 anti and In ji no part of or the laws II of cit f this hits state It I Is II not flat nt necessary n eMt to this question nt rot greater length and anti It you oU ar mt no now advised ed that the state board hird of land commissioners Is IA authorized to 10 ap o lP I and expend the n funds funI out of o the reservoir fund for the Ih preliminary work In selecting and lots local t I Ing sites Ut for Cor reservoirs re etc lt |
