Aldrich v. Collins

Citations

• 3 S.D. 154
• 52 N.W. 854
• 1892 S.D. LEXIS 54

Syllabus

<p>1. Town supervisors are the agents of the town, and possess only such powers as are expressly conferred upon them by statute, or as are necessary to enable them to perform the duties imposed upon them by law.</p> <p>2. They are authorized to assess and levy a highway labor and road tax upon all the taxable property within the town, but its collection and expenditure is placed under the control of road overseers, except such highway labor and road taxes as may become delinquent and are collected by the county treasurer, and such unexpended taxes as shall be paid over to them by road overseers.</p> <p>3. No power is conferred upon town supervisors to appropriate or expend any money for the construction or repair of highways other than the sums derived from the two sources above mentioned, unless money for such purpose shall be raised by a vote of the electors at their annual town meeting, which latter sum may. be expended by the town supervisors in such maimer as the electors, at tíre aniiual-'town meeting, may direct.</p> <p>4. Town supervisors have no authority to appropriate or expend in the construction or repair of highways any funds raised for ordinary town charges, as “money raised by taxation, loan, or assessment for one purpose cannot be diverted to any other.”</p> <p>5. The electors of a town at their annual town meeting may vote to raise such a sum for the construction and repair of roads and bridges as they may deem expedient, and the sum so- voted to be raised may be appropriated by them for the construction and repair of highways within their own or -an adjoining town, as they deem proper. But the electors have no power to appropriate any sum for such construction or repair of highways except when they have voted to raise the súm by taxation. The power to appropriate is limited to the sum voted to be raised. They have no control over any other fund for that purpose.</p> <p>6. A resolution, adopted by tbe electors at their annual town meeting, to keep