Montana Attorney General Opinion 15-10

Opinion No. 10 County Commissioners-Powel's-Auto- mobiles-Budget. HELD: If the Board of County Com- missioners. in the exercise of a sound discretion, deems the use of an auto- mobile necessar~' for the convenient, economical and orderly dispatch of the business of a county, the provision of Section 44()5 is broad enough to vest it with the power to purchase such auto- mobile. January 12, 1933. You have requested my opinion as to whether or not the board of county commissioners has authority under th'e law to purchase an ~utol1lobile for the use of a county. This authority, if it exists at all. OPIKIO~S OF THE ATTORXEY GENERAL 25 must he looked for in section 4465 of the Revised Codes, 1!)"21, as amended, which pro\'idcs, among other things, that "the board of county commission- ers has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to purchase" .... any ...... personal property nC<.'€ssary for the use of the county." A board of coun ty commissioners is a specially constituted tribunal, pos- sessing only such powers as are ex- pressly conferred upon it by statute or necessa rily implied from those expressly gmnted. (.Judith Basin Co. v. Livings- ton, 89 Mont. 438; Ainsworth v. McKay, 55 Mont. 270.) The boar(1 of county commissioners of a county is vested with and possesses just such powers as the statute confers upon it and such as are necessarily im- plied to enahle it to carry out the oil- jects and purposes of its creation. In general, the hoard is charged with the duty of managing the affairs and busi- ness of the county and of making con- tracts, necessary and incident to such management. (7 H. C. L. 938, 943.) Except as otherwise provided by law. a board of county commissioners ordi- narily exercises the corporate l)owerS of the county. It is in an enlarged sense the representative and guardian of the county, having the management and control of its property and financial interests, and having original and ex- clusive jurisdiction over all matters pertaining to county affairs. Within the scope of its powers, it is supreme, amI its acts are the acts of the county. It is well settled, however, that a county hoard possesses and can exercise such powers, and such powers only, as al'e expressly conferred on it hy the Con- stitution and statutes of the state. or such powers as arise by necessary im- plication from those expressly granted, or such as are requiSite to the per- formance of the duties which are im- posed on it by law. (15 C. J. 456458.) The board of county commissioners is in a sense the general husiness agent of the county, and as such has charge of its financial affairs and business as to such matters as are not expressly or by necessary implication delegated by law to other officers of the county or as are not resen'ed to the people. (State ex reI. Coleman v. }j'ry, 95 Pac. 392.) If, then, the board of county commis- sioners, in the exerciRe of a sound dis- cretion, deems the u~e of an automobile necessary fOI' the convenient. economic and orderly dispatch of the business of a county, it is our opinion that the quoted part of section 4465 is hroad enough to vest it with power to pur- ('hase such automobile. We are fortified in this \'iew by the language of section 1760, Revised Codes 1!l21, as amended, which exempts a county from paJ'ing a registration fee fOI' motor vehicle (automobile) owned II,\' it.