Board of Sup'rs of Dickinson County v. Warren

• Decision Date: 13 December 1893
• Citation: 98 Mich. 144,56 N.W. 1111
• Parties: BOARD OF SUP'RS OF DICKINSON COUNTY v. WARREN.
• Court: Michigan Supreme Court

56 N.W. 1111

98 Mich. 144

BOARD OF SUP'RS OF DICKINSON COUNTY v. WARREN.

Supreme Court of Michigan

December 13, 1893

Original mandamus proceeding on the relation of the board of supervisors of Dickinson county against George Warren. Writ denied.

A. C Cook, for relator. F. J. Trudell, for respondent.

McGRATH J.

This is an application to compel the respondent, who is chairman of the board of supervisors, to execute bonds amounting to $30,000, to defray the current expenses of Dickinson county, the issue of which has been ordered by the board. The real purpose of the issue is to meet the pressing demands for relief of the poor of that county; but the question is one of power and not one of sentiment, however much the necessities of the case may appeal to us. The first second, and sixth subdivisions of How. St. � 483, empower boards of supervisors to purchase the necessary real estate for the erection of buildings for the support of the poor and for a farm to be used in connection therewith; to purchase the necessary real estate for courthouse, jail clerk's office, or any other county building, and to cause to be erected the necessary county buildings. The seventh subdivision of said section is as follows: "To borrow or raise by tax upon such county any sums of money necessary for any of the purposes mentioned in this act provided, that no greater sum than one thousand dollars shall be borrowed or raised by tax in any one year, for the purpose of constructing or repairing public buildings, highways or bridges, unless authorized by a majority of the electors of such county voting therefor as hereinafter provided." Subdivision tenth is as follows: "To direct and provide for the raising of any money which may be necessary to defray the current expenses and charges of said county, and the necessary charges incident to or arising from the execution of their lawful authority, subject to the limitations prescribed in this act." It is evident from these provisions that for the purposes named in subdivisions 1, 2, and 6, the supervisors were empowered, by subdivision 7, to borrow, or raise by tax, the necessary funds, subject to the limitation therein expressed. No other subdivision grants the power to provide the means for carrying out these purposes. Subdivision 10, relates only to current and contingent expenses, and does not confer the power to raise moneys for the purposes named in subdivisions 1, 2,...