Montana Attorney General Opinion 15-583

Opinion No. 583 ,Counties-Poor Ftmds-Poor-Relief -Office Rent-County Commissioners. HBLD: Since the work of the Ioea 1 commissions and officers of the F. E. R. A. is directly connected with the giving of relief to the dependent poor of the county, the county commissioner" have the power, under Chapter 100. Laws of 1931, to .pay rent for local administrative offices where it is necessary and where it is not practic- able or possible to establish same in the county court house. July 30, 1934. You have submitted for my opinion the Question whether county commis- sioners may use county poor funds to pay rent of local administrative of- fices of local commissions and officers working for the F. E. R. A. The money being spent by the Fed- eral Government through the F. E. R. A. is for the purpose of providing relief to the dependent POOl' who, hecause of ill- ness, unemployment or some other rell- son. are unable to provide for them- selves. Authorit~' is expressly given to the county commissioners by Subdivi- sion 5 of Chapter 100, Laws of 1931, amending Section 4465, R. C. :\:£., 1921, to "provide for the care and mainte- nance of the indigent sick. or the othpr- wise dependent poor of the county." Since the work of the local commis- sions and officers of the 1!'. E. R. A. is directly connected with the giving of relief to the dependent poor of the county, it is my opinion that the coun- ty commissioners have the power, as provided by said Chapter 100, to pay rent for local administrative offices where it is necessary and where it is not practicable or possible to establish the same in the county court house, as to do so is directly connected with the OPIXI()XS OF THE ATTORNEY GEXERAL 405 furnishing of relief to the dependent poor of the county for which the county POOl' fund is collected and maintained. We call attention to our opinion No. 423. this volume. dated January 23, 1034, where we held that the county commissioners have power to purchase paint and other supplies out of the poor fund for the purpose of keeping the poor employed by the C. W. A. In that opinion we said "the purchasing of such materillis seems to be a method reasonabl~' well adapted to the end of prm'iding for the care and maintenance of the dependent poor, a duty with which the county commissioners are charged." See also opinion No. 378. this ,'olume. dl\ted October 31, Hl33 , holding that the county commissioners had power to employ a manager for a county employment office. In that opinion we pointed out that the statute does not specify the exact method by which the county commissioners shall dis- charge their duty of providing care lind maintenance for the dependent poor, and that the establishment of an employment office, where necessary and desirable in order to find employment. was a method reasonably well adapted to that end, and that the power mllY he found in sllid Section liS amended. Ree also our opinion No. 439. this vol- ume, dated Fehruary 2, 1934. The principle here involved is not essentially different from that con- sidered in those cases. As we have heretofore pointed out in our previolls opinions, the county commissioners are the judges of the necessit~· and desir- ability.