Jasper County Democrat, Volume 8, Number 15, Rensselaer, Jasper County, 8 July 1905 — THE SUPREME COURT’S DECISION. [ARTICLE]

THE SUPREME COURT’S DECISION.

Foliowing is an abstract of the opinion of the supreme court -n the Newton county court house matter: 20652. State ex. rel. Benjamin F. Davit et al, vs. Board of Commissioners et a). Newton C. C. Reversed. Montgomery, J. (1) Under Section 32 of the county reform act, a county council can only appropriate money or authorise the Board of Commissioners to borrow money and issue bonds by adopting an “ordinance” authorising such action, and stating the purpose for which the bonds are to be issued. The mere adoption of a motion that the request in a requisition made by the Board of Commissioners be granted, followed in the auditor’s record by an order for the issue of bonds and an appropriation of the sum for which they are to be issued, is void and confers no authority whatever. (2) A board of commissioners may bo enjoined fat the suit of taxpayers from entering into a oontret for the payment of money not legally appropriated. (3) In an injunction suit, where the evidence consists wholly of public records,! this court is authorised by acts, 1908, page 341, to pass on the evidence and direct what final judgment may be rendered.