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1970 Arkansas Attorney General Reports and Opinions 1 (1970)

handle is hein.sag/sagar0034 and id is 1 raw text is: Ju~aly 1 , 1970 IUbDN- Honorable George Nowotny House of Representatives 301 First Federal Building Fort Smith, Arkansas 72901 Dear Mr. Nowotny: This is in response to your letter to the Attorney General in which you pose two questions: (1) What are the restrictions on the use of funds as set out under the constitutional establishment of the 3-mill county road tax? For example, may these funds be used for any purpose other than county road construction, repair or maintenance; and may they be spent in a county or district other than that in which they are collected? In Lawhorn v. Johnson, 196 Ark. 991, 120 S.W. 2d 720, the court in construing Amendment 3 and subsequent legislation with regard to the payment of the salary of a County Judge as road overseer from funds collected under the 3-mill road tax said: It has never been held that a road overseer could not be paid out of said funds, and the County Judge, acting in his capacity of road commissioner, is nothing more than a glorified overseer. It would appear that supervision is as much a necessary expense in the building of roads as the driving of a grader, or the use of a plow or other instrumentality. A very large part of the duties of a County Judge is now that of the construction and repair of roads and bridges. Why, then, should not a portion of his salary be paid out of said funds? If, in fact, his services as exofficio road commissioner do enter into the 'making and repairing public roads and bridges,' and we so hold, then the payment of a part of his salary cannot reasonably be held to be a misappropriation of the funds.

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