OAG 40-27.

• Case Date: August 08, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-27. 32OPINION NO. 40-27[20 Or. Op. Atty. Gen. 32]Counties do not have authority to pay rent for armory out of emergency fund on account of inability of National Guard to pay rent as it accrues.August 8, 1940.Hon. Fred A. Miller,District Attorney, Clackamas County. Dear Mr. Miller: Under date of July 20, 1940, you request my opinion as to whether or not the county court of Clackamas county has authority to declare an emergency and pay out of its emergency fund moneys for the payment of rent of the armory for the National Guard, no order of authorization nor any allowance in the budget having been made therefor. Section 69-1105, Oregon Code 1930, provides that each municipal corporation shall include in the estimates which by this act it is required to make one estimate only for emergency or other expenditures unforeseen at the time the estimates were made and such emergency fund shall be applied only to the payment of such unforeseen expenditures. In Tuttle v. Beem, 144 Or. 145, 156, the court held that where a school district board knew that the school well was in an unsatisfactory condition which had existed for some time, the board lacked authority to deepen the well and discharge the resulting claim on the ground that the condition constituted an emergency. For definition of the term "emergency", see my opinion of December 6, 1923, to Honorable Walter M. Pierce, Opinions of the Attorney-General, 1922-1924, page 497, citing, among other authorities, the Century Dictionary, which defines an emergency...