Montana Attorney General Opinion 15-581

Opinion No. 581 Counties-Poor Funds-Feed, Purchase of-Relief. HELD: County poor funds may not be used as a revolving fund to pur- chase feed in large quantities. which feed would then be sold to stockmen to be paid for in installments out of Federal aid. .July 30, 1934. You have submitted the question whether the county may use county poor funds in order to set up a revolv- ing fund to purchase feed for livestock, such feed to be sold to stockmen as their needs require and to be paid for by them in monthly installments when and as they receive monthly aid from Federal relief. The purpose of such use of county poor funds would be to permit the purchase of feed in large quantities at reduced prices and at an advantageous time or times. It is ex- pected that there would be no losses to the county as the money would be all restored by stockmen as they re- ceived it, from Federal aid. and the Relief office will furnish all· necessary clerical help, trucks and labor. Theo- retically the county would suffer no loss except a small amount in insur- ance. I regret to advise that I can find no authority given hy law to the county commissioners to lend or use the POOl' funds of the county for this purpose. In my opinion the money so used would not be "for the care and main- tenance of the indigent sick or the otherwise dependent poor of the coun- ty," as provided in subdivision 5 of Chapter 100. Laws of 1931, amending Section 4465. R. C. M., 1921. It is true that in some instances it may prevent 404 OPINIO~S OF THE ATTORXEY GE:-.iERAL persons from becoming "dependent poor," but the use of this money for such purpose is not authorized by statute and is too remotely connected with the care and maintenance of the dependent poor to come within the pur- pose of the statute. thou~h liberally construed. I am unable to find in said Chapter 100 any express or implied authority given to the county commis- sioners to use county poor funds for the purpose stated. Possibly some sort of a loan mi~ht be obtained from your local hank. TIlE' money could be returned b~' the stock- men as they recei yed it. 'l'he ba nk would be just as secure in the loan ali the count~- would he and, unlike thp county, is in the business of lenrlin~ money and thus serving the community. The item of interest and securitv could no doubt be arranged in some ,~'ay.