a court of record to punish for disobedience of its lawful orders, the extent of punishment only being limited.

The probate court being a court of record and having obtained original jurisdiction of the parties for the purposes of the order, would have the inherent right to enforce such order and its process for enforcement, in the nature of contempt proceedings, could be served with legal effect upon a defaulter anywhere within the state.

Trusting I have fully outlined the procedure to be followed under the terms of the above mentioned act, I am,

MOTOR BUS OPERATOR operating between fixed termini is subject to provision of Act 209 of the Public Acts of 1923, although he does not always use the same route over the public highways of the State.

Michigan Public Utilities Commission, Lansing, Michigan.

April 23, 1924.

Gentlemen: This department is in receipt of your inquiry of the 14th instant. You state that a motor bus is being regularly operated for hire over the public highways of the State of Michigan between Yale and Port Huron, but that the operator claims to be exempt from the provisions of Act 209 of the Public Acts of 1923 for the reason that he occasionally varies his route, there being three roads open between Yale and Port Huron, all of which he may and from time to time does use.

We quote from Section 1 of Act 209: "After thirty days from the effective date of this act no person, firm or corporation shall engage or continue in the business of transporting persons or property by motor vehicle for hire upon or over the public highways of this state over fixed routes or between fixed termini, or hold themselves out to the public as being engaged in such business unless and until they shall have obtained from the Michigan Public Utilities Commission a permit so to do."

The operator complained of operating regularly between Yale and Port Huron, is operating between fixed termini. He is subject to the provisions of the Act. Very respectfully,

ANDREW B. DOUGHERTY, Attorney General.

TOWNSHIPS: Township treasurers must pay to the county treasurer taxes assessed against townships at large for cost constructing drains and highways under Covert Act whether collected or not. April 23, 1924.

Mr. F. L. Smith, Township Treasurer, Beaverton, Michigan.

Dear Sir: Your communication of the 18th ultimo to Hon. Roy Woodruff, Congressman from your district was referred by him to this Department for attention. You inquire first, if you as township treasurer in settling with the county treasurer must pay over all the drain taxes assessed at large against

the township or only those taxes actually collected and return as delinquent those remaining unpaid.

In answering this inquiry we call your attention to Section 3 of Chapter 10 of Act 316 of the Public Acts of 1923 which states: "It shall be the duty of the supervisor to spread on his roll, the total amount of all the drain taxes determined upon by the county drain commissioner to be assessed upon the township, city or highway taxes for the year in which the same was assessed and extending said taxes in the same column with the general township or city taxes. ✶✶ ✶”

Under this provision, the drain taxes at large assessed against the township are included in the column with the other township taxes. The township treasurer must therefore, pay the county treasurer in full for all drain taxes assessed against the township at large each year, whether collected or not. When the tax is collected thereafter by the county treasurer through a sale of the premises or otherwise, it will be refunded to the township.

You made the same inquiry about payment of the taxes assessed against a township at large for the construction of highways under the Covert Road Act, so-called. Section II of Act 59 of the Public Acts of 1917, being Section 4687 of the Compiled Laws of 1915 provides in substance that the county road commissioners or the state highway commissioner shall apportion such per cent of the costs of constructing and improving such highways to the township at large, as they may think reasonable for the benefit to the public convenience and welfare of the township. Sections 22 and 33 of the same Act, being Sections 4692 and 4703 of the Compiled Laws of 1915 state that all the provisions of law with respect to collecting and returning state, county and township taxes shall apply to taxes assessed under the Covert Road Act. It is our opinion, therefore, that the township treasurer must also pay each year, all the road taxes assessed at large for benefits received by the county from the construction of a road under this Act, whether such taxes are actually collected or not.

This is not true, however, of the township's portion of the taxes assessed at large against the county. The township would not be required to pay that tax unless actually collected.

CITIES: Not authorized to make water main extensions by special assessment.

April 23, 1924.

Mr. E. F. Crabill, Supt. Board of Public Works, Niles, Michigan.

Dear Sir: In your letter of the 12th instant, you have inquired if the Board of Public Works of the city of Niles has authority under the laws of this state to assess abutting property owners for water mains laid in front of their property. In your letter you state that, "Assuming that there is a difference between the size of main required for domestic service and the size for fire service, we wish to know if the difference between the cost of the two could be assessed to the property."

You have not called attention to any special Act under which the city of Niles is incorporated so we assume that it is a city of the fourth class. Chapter 24 of the Fourth Class City Act deals with the cost of improvements and special assessments. Section I of that chapter, being Section 3106 of the Compiled Laws of 1915, as amended by Act 140 of the Public Acts of 1921, provides that: "The cost and expense of the following improvements including the necessary lands therefor, viz. *** for water works *** shall be paid from the general funds of the city * * * when by the provisions of this Act the cost and expense of any local or public improvement may be defrayed in whole or in part by special assessment on lands abutting upon and adjacent to or otherwise benefited by the improvement, such assessment may be made as in this chapter provided."

Chapter 26 of the Act deals with water works (Sections 3165 et seq.) In conformity with the section above quoted, the method of raising money for the purchase, construction, or extension of water works in any city is authorized by Section 4 of Chapter 26, being Section 3168 of the Compiled Laws of 1915, which provides that before any money shall be borrowed, appropriated raised or expended for the purchase, construction or extension of water works in any city, the council shall direct the Board of Public Works to make an estimate of the expense thereof and the question of raising the amount required for such purpose shall be submitted to the electors of the city at an election and shall be determined as two-thirds of the electors voting at such election by ballot shall decide. It is provided, however, that after water works have been purchased or constructed by the city, the council may then raise or expend in making repairs or extensions such sums as it may see fit, without submitting the question to the electors of the city, provided, such expense shall not increase the amount authorized to be raised under Section 5 of Chapter 30 (3015).

From an examination of the entire Act, it is my opinion that no extension of water mains can be made in a city of the fourth class except the expense thereof be borne by a general fund of the city. A grant of power to a municipality for the construction of a public utility is strictly construed, and neither the city council nor the Board of Public Works are authorized by the Act to incur this expense and charge the same to a special assessment district.

Very respectfully,

ANDREW B. DOUGHERTY, Attorney General.

CITIES: Incorporated under Home Rule Act not authorized to furnish fuel to its inhabitants except under certain conditions and those under twenty-five thousand population not authorized to furnish transportation facilities.

Mr. Wm. G. Cloon, Attorney, Ironwood, Michigan.

April 23, 1924.

Dear Sir: I have before me your letter of the 16th instant, in which you request my opinion on two questions, stated by you as follows:

Can a city operating under the Home Rule Act, with a population of less than twenty-five thousand inhabitants

(a) Operate a municipal coal and wood yard as a business as would a private individual?

(b) Operate a municipal omnibus service as would a private individual? Replying to your first question, will advise you that in my opinion no city operating under the Home Rule Act has authority to engage in the business of selling fuel to its inhabitants, except perhaps under an emergency such as, during a war or shortage of fuel.

Section 23 of Article 8 of the Constitution empowers the legislature to enact legislation authorizing municipalities to acquire and own utilities to furnish heat to the municipalities or the inhabitants thereof. Section 4 of the Home Rule Act, being Section 3307 of the Compiled Laws of 1915 as amended, enacted in accordance with the above mentioned constitutional provision, authorizes municipalities to provide in their charters for acquiring, owning and operating public utilities and franchises thereof for the purpose of furnishing water, heat, light, etc., to its inhabitants. It is my opinion however that these provisions do not go so far as to authorize municipalities to operate fuel yards in competition with private individuals or corporations except in the case of an emergency as above mentioned.

Answering your second question, will advise you that the power of a municipality to furnish transportation to its inhabitants is limited by the constitutional provision above quoted and by subdivisions (i) and (k) of the Section of the Home Rule Act above cited, to cities of twenty-five thousand inhabitants, or

more.

Very respectfully,

ANDREW B. DOUGHERTY, Attorney General.

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HIGHWAYS: Depositing of Covert Road moneys discussed. April 23, 1924.

Mr. Oliver L. Aldrich, County Treasurer, Hillsdale, Michigan. Dear Sir: You have recently requested the opinion of this Department relative to the depositing of county Covert road money.

Under the provisions of Act 99 of the Public Acts of 1909, the Board of Supervisors of your county has designated a certain bank as a depository for the public money of the county. It now appears that as an inducement for banks of your county to bid on Covert Act bonds, the Board of Supervisors, at the request of the County Road Commissioners, passed a resolution making any bank of the county which buys bonds of the road district the depository for the money received from the sale of such bonds.

It further appears that the bonds of several road districts in your county have been purchased by a bank other than the county depository bank. The question which has been raised is, whether you must deposit all money received on the sale of Covert road bonds in the county depository or whether such moneys may be deposited in the bank purchasing the bonds as provided in the resolution of the Board of Supervisors.

Section 1 of said Act 99 of the Public Acts of 1909 makes it the duty of the county treasurer to deposit daily "all moneys, drafts or checks on hand be

longing to the county, in such bank or banks as may be designated by the Board of Supervisors, or the Board of County Auditors in counties having a Board of County Auditors."

Section 25 of the Covert Act, as amended by Act 107 of the Public Acts of 1919, provides that: "The moneys collected on account of such improvement shall be paid over to the County Treasurer, and placed to the credit of the special assessment district. Such moneys shall be paid out on the order of the Board of County Road Commissioners or the State Highway Commissioner, only for the purposes of this Act. It shall be the duty of said County Treasurer to deposit all moneys in his custody belonging to any such body, so that the same shall draw interest, in some bank or banks approved by the Board of Supervisors or by the State Highway Commissioner. The interest so drawn shall accrue to and become a part of the fund. In any case where the improvement is carried on by and under the direction of the State Highway Commissioner, he shall have the sole right to designate in what depositories the money shall be placed."

In our opinion the moneys collected by the County Treasurer on account of a Covert Act improvement, are not moneys belonging to the county within the intent and meaning of Act 99 of the Public Acts of 1909. The only county officers having anything to do with such moneys are the County Road Commissioners who act for the special assessment district. We think that it was the intent and meaning of the legislature in the enactment of Section 25 of the Covert Act as amended, to keep such moneys separate and distinct from other county moneys and to authorize the Board of Supervisors to designate other depositories for such moneys. It is proper for the county Treasurer to deposit such moneys in the bank or banks purchasing the bonds when authorized to do so by the Board of Supervisors, except that in cases where the improvement is carried on by and under the direction of the State Highway Commissioner, then such moneys should be deposited in such depositories as may be designated by the State Highway Commissioner.

Very respectfully,

ANDREW B. DOUGHERTY, Attorney General.

RAILROADS: Railroad Company seeking to recover for undercharges on coal shipments during 1918 is subject to statute of limitations in the Interstate Commerce Act.

State Administrative Board, Lansing, Michigan.

April 23, 1924.

Gentlemen: Your letter of the first instant relates to certain claims for undercharges amounting to $359.24, made against the State of Michigan by the C. & O. R. R. Co., which was a connecting carrier for several carloads of coal delivered from points in Kentucky to the Newberry State Hospital during August and September, 1918, at a time when the railroads were operated by the government.

You have asked to be advised if the provision for limitation of actions in the Federal Transportation Act of 1920 applies to this claim.