
    The Board of Commissioners of Gallia County v. The State of Ohio ex rel. Riggs.
    
      Construction of roads by general tax — Submission of question to voters — Question limited to certain named roads — Discretion of commissioners — Sections 4763 and 4766, Bev.Stat.
    
    (Decided January 20, 1903.)
    Error to the Circuit Court of Gallia county.
    
      Mr. R. M. Switzer; Mr. C. W. White and Mr. J. H. Thomas, for plaintiff in error.
    
      Mr. Roscoe J. Mauck and Mr. E. D. Davis, for defendant in error.
   By the Court:

“The question, as to the policy of constructing such roads by. general tax,” to be submitted to the qualified voters of the county, under Section 4763,. Revised Statutes, is not the question of inaugurating and carrying forward a general policy of constructing such roads by general tax as in the judgment of the commissioners may be necessary to the public convenience, and promotive of the public interest, but on the contrary the question to be submitted is as to the policy of constructing by general tax certain named roads; and in case the vote should be favorable, tbe commissioners may then proceed and construct by general tax such of tbe roads, so favorably voted for, as in their judgment may be necessary to the public convenience, and promotive of the public interest, as provided in section 4766.

Judgment affirmed.

Burket, C. J., Spear, Davis, Shauck, Price and Crew, JJ., concur  