Untitled Texas Attorney General Opinion

TEEATTORNEY GENEJRAI.
OgFTEXAS
Gerald C. !&inn
AUSTIN. TEXAS
Honorable Burl Brlttaln
Coupty AuMtor
San Patricia County
Sinton, Texas
Dear Sir: pIion No. 0-9!Se 13 w
: Validity of the Conuulssionerst
Court Order, dated April 8,
1940.
Pour recent re uest for an opinion of this depart-
ment on the question as 9a herein stated has been received.
We quote from your letter as followa:
"InoloseU herewith is a certifleedcopy of a
Commissionerat Court Order dated February 12, 1940
revealing the aotion of the Ccmnlssionerb~ Court
relative to a petition to Bsploy a County.Servlce
Office, algneU by E. W. Isabel and 126 other cit-
izens, which was presented to the Court by Mr. 3-W.
Fork
@There is ala0 inclosed a certified copy of
the Com&eeioner*s CourtsOrder dated April 8,~1940,
which reveals the Mnal disposition taken by the
Court on the petition presented by Mr. J. W. Ford
on February 12, 1940.
wWLll you please advise me whether or not the
action taken by the Court on April 8, relative to
the application and petition presented on February
I.2is conatitutlonal.
"In as much as the Case Worker for this County
did not apply to the Commlssioner~s Court for an
assistant and nhen,advLsed of the employment of the
assistant requested that he not be sent to her of-
fQlz%f-Jzal&..%rpp3ac%+.I2
'pp,+a b=LQllQuxw unb3.P
subterfuge, but I want your opinion on the subject."
We quote the above mentioned petition (omittin the
names signedthereto) and the motion of the Commissionersf
Court, bearing date of February $2, 1940, together with the
order of the Conrmissloners'Court, bearing date of April 8,
1940, all of nhich is duly~certified $0 by the Clerk of the
County Court of San Patricia County:
Honorable Burl Brittain, Page 2
"There was presented to this Connwlsslonera~
Court, a petition signed by E. W. Isabel and 128
other cltfzene of the County, -petitioningthe
County Commlssloners~ Court to employ a County
Service Offlcer, to assist the County case Worker
in working with ex-seavice men and their families.
On Motion made by Corn.E. H. Jackson, seconded by
Corn.W. E. Tedford, and all Commissioners being
prewent and voting ‘Aye’ and none voting "Nay'
petition received and ordered held for further in-
formation from other sections of the County, as
most of the names were from Sinton and Odes.
"Petition to Employ a County Service Officer.
THE STATE OF TEXAS
COUNTY OF SAW PATEICIO WHEFtEAS,there is a need
among the ex-service men and fsmllies of San Pa-
tricio County, Texas, for a service officer to as-
sist them in the securing of benefits to which they
are entitled by reason of their service to the Gov-
ernment, in securing hospltalleatlon and medical
care as well as benefits to which they are entitled,
and:
QlElZHEAS,the securing of said benefits dll,
in numerous cases be of direct benefit to the County,
In that the County is often called upon to assist
those rho are entitled to medical and other care
from the Federal Government by reason of their war-
time service, which will relieve the County of this
burden;
'ETBEBEFOEE,We the underslgned resident tax
payers of San Patricia County, Texas, respectfully
tltion the Honorable Commissioners' Court of San
fl"
atriclo County, to employ a suitable person, famil-
lar with the needs of ex-service men and their fsm-
llles and of the benefits to which they are entitled,
to take care of this work."
"There Game up for consideration the matter of
employing an assistant Case Worker in San Patriclo
County, and it appearing to this court that Mr. J. W.
Ford is a suitable person for this position, and
that it would be to the advantage of the citizen-
ship of San Patricia County that such assistant
Case Worker be employed, It is hereby ordered that
Mr. J, W. Ford be employed as assistant Case Worker
Honorable Burl Brittain, ~Page 3
at a salary of $35.00 per month, effective April
1, 1940; and that said employment be continued
until December 31, 1940, unless the relief set-
up requiring the employment of Case Workers be
sooner discontinued.
*Motion made by Commissioner E. H. Lewis,
seconded by E. H. Jackson and all commissioners
being present and voting {Aye’ and none voting
"Nay,' it is 80 ordered."
We 8re of/the opinion that we c8n properly pass up-
on the validity of the above mentioned order of the Commis-
aioners’ Court without deciding any constitutional question
that might be technically raised. A constitutional question
till be passed upon only when neceesity arises; and the courts
are loath to dealde such question8 unless they have been dl-
rectly raised and argued by counsel. Black Bros. VS. State,
253 S.W. 576; City of H uston vs. #ouston City Street Bail-
nay Co., 19 S.W. 127; T8xas Jur., Vol. 9, p. 426.
We quote from Texas Juris., Vol. 11, pages 563-4-5,
aa follows:
'Counties, being component parts of the
state, have no powers or duties except those
which are plainly set forth and defined in the
constitution and statutes. The statutes have
plainly defined the powers, prescribed the
duties, and imposed the liabilities of the
commissioners’ courts, the medium through which
the different counties act, and from those
statutes must come all the authority vested in
the counties.
". . . .
" CominIsaioners~court8 are courts
of li~t~d*j~rl.sdlctlon, in that their authority
extends only to matters pertaining to the gener-
s,lwelfare of their respective oounties and that
their powers are only those expres~slyor implied-
ly conferred upon them by law,--that is& by the
constitution and statutes of the state.
We have carefully examined the various statutes.
and portions of the constitution with reference to the powers
.-
Honorable Burl Brittaln, Page 4
and authorit of the Commlaaioners~ Courts, and 80 far as we
have been ab9 e to find, there is no power, right or auth-
ority expressly or implledlg conferred upon the Connnissioners~
Court8 to make and enter an order in the minutes of said
court, as above Indicated. Therefore, you are respectfully
advised that it is the opinion of this department that the
order of the Commissioners~ Court, bearing date of April 8,
1940, as above quoted, is invalid.
Trusting that the foregoing fully answers your in-
quiry, we are
Yours very truly
ATTORNEYGENERAL OF TEXAS
By ha/ Ardell Wllll8ms
Ardell Williams
Assistant
AW:oe:wb
APPROVED JGW 18, 1940
/a/ Gerald C. Mann
ATTORNEY GRNRRAL OF TMAS
APPROVED: OPINION COMUITTRR
BY: BWB ChRiZlllW3