F. C. Austin Mfg. Co. v. Twin Brooks Tp.

Citations

• 16 S.D. 126
• 91 N.W. 470
• 1902 S.D. LEXIS 88

Syllabus

<p>. 1. Comp. Laws, §g 715, 772, provide that the electors of a ‘township shall have power to vote to raise such sums of money for the repair and construction of roads and other necessary town charges as they deem expedient, and that the supervisors shall have power “to draw orders for the disbursement of such sums as may be necessary for the purpose of defraying the incidental expenses of the town, and for all moneys raised hy the town to be disbursed for any other pur-pose. ” Held, that supervisors have no power to purchase a road machine without authorization by the electors.</p> <p>2. Comp. Laws, § 829, provides that “no town has power to contract debts or make expenditures for aAy one year in a larger sum than the amount of taxes assessed for such year, without having been authorized by a majority of the voters of such township, and no town shall assess for township purposes more than ten mills on the dollar of taxable property for any one year.” Section 830 provides that the board of supervisors are authorized to issue bonds or orders of their respective towns in such amounts, and at such periods, as they may be directed by a two-thirds vote of the electors present and voting at a legally called meeting held for that purpose. Held, that supervisors are without power to involve the township in indebtedness without any authorization by the electors.</p> <p>3. Township supervisors purchased a road machine without authorization by the township electors. A controversy arose as to the liability oí the township therefor, and at an annual township meeting a resolution was adopted instructing- the supervisors to settle for the machine at a figure at which it was supposed a compromise had been offered. Held, that such action did not constitute a ratification of the unauthorized act of the supervisors in purchasing the machine.</p>