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AGO 1951 No. 470 - March 13, 1951
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Smith Troy | 1941-1952 | Attorney General of Washington

FUNDS ‑- TAYLOR GRAZING ACT ‑- COUNTY COMMISSIONER'S ALLOCATING FUNDS.

Funds received by the county under the Taylor Grazing Act should be allocated by the County Commissioners in their discretion to school and county road purposes.

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                                                                  March 13, 1951

Honorable R. A. Hensel
Prosecuting Attorney
Douglas County
Waterville, Washington                                                                                                  Cite as:  AGO 49-51 No. 470

Dear Sir:

            We have your letter of February 6 in which you asked the question:

            How should the County Commissioners allocate funds received under the Taylor Grazing Act?

            You are advised:

            Funds received by the county under the Taylor Grazing Act should be allocated by the County Commissioners in their discretion to school and county road purposes.

                                                                     ANALYSIS

            Section 3, 61 Stat. 791, which is section 315J, Title 43, U.S.C.A. Cumulative Annual Pocket Part, provides that such funds shall be paid by the Secretary of the Treasury

            "to the State in which said lands are situated, to be expended as the State legislature may prescribe for the benefit of public schools and public roads of the county or counties in which such grazing lands are situated."

             [[Orig. Op. Page 2]]

            The Legislature has not prescribed the proportions in which such funds so received shall be applied.

            It follows, therefore, that the County Commissioners may divide such funds in their best judgment.

           While we recommend that the County Commissioners divide the moneys received each year in their discretion, we call your attention to the case ofKing County v. Seattle School District, 263 U.S. 361, which we have held to be controlling in the following letters:

            November 30, 1915.  To the Hon. Charles H. Leavy Prosecuting Attorney, Pend O'Reille County.

            January 23, 1933.  To the Hon. N. D. Showalter, Superintendent of Public Instruction

            June 5, 1940.  To the Hon. C. Orno Shoemaker, Prosecuting Attorney, Asotin County.

            March 4, 1941.  To the Hon. Pearl A. Wanamaker Superintendent of Public Instruction.

Very truly yours,

SMITH TROY
Attorney General

E. P. DONNELLY
Assistant Attorney General

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