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DECISION
\
Of the Supreme Court In
Jackson Banking Cos.
vs Butts County.
r he Head Notes In Which the
Court Summarizes Its Lengthy
Decision--say Yourself
What it Hearts.
In the issue of The Progress
dated February 13, appeared a
news item relative to the decis
ion of the Supreme court in the
case of the Jackson Banking Cos.
vs. Butts county.
As the correctness of The Pro
gress’ account of the matter has
been doubted by some, we pub
lish below the head notes of
the court’s decision in order that
the people may have their own
interpretation as to what it
means. This would have been
done at first had the decision
been available.
Butts County et al, vs. Jackson
Banking Cos. et al.
“By the Court:
“1. “The general fiscal policy
outlined in the constitution of
1877 for political subdivisions,
such as counties and municipal
ities, was to provide a systen of
finance for subordinate public
corporations, under which there
could be made each year con
tracts for the expenses of the
year, and these were to be paid
out of moneys arising from taxes
levied during the year. A liabil
ity for a legitimate current ex
pense may be incurred, provided
there is, at the time of incurring
the liability, a sufficient sum in
the treasury of the county or
municipality which may be law
fully used to pay the liability in
curred, or if a sufficient sum to
discharge the liability can be
raised by taxation during the
current year.
2. “County commissioners have
no authority to contract in behalf
of a county for a loan of money
(not to supply a casual deficiency
of revenue) to be used in defray
ing current expenses, although
the notes which evidence the loan
be payable within the current
year, and the general design be
to discharge them front the an-
ticipated revenue of that year.
3. “An action for money had
and received may be maintained
by one who has loaned money to
a county, and which has been
used by it to discharge a legally
incurred liability for a current
expense, although the governing
official or officials of a county
have no authority to borrow the
money or to give a note therefor.
4. “Where a county incurs a
lawful liability for a current ex
pense, and issues its warrant on
the treasury for its payment, and
subsequently procures another to
pay the same out of a loan which
he makes to the county, upon
disaffirmance of the illegal loan
by the county the lender is sub
rogated to the rights of the war
rant holder whose warrant was
paid out of the proceeds of the
illegal loan.
5. “Where warrants for cur
rent expenses (which have been
paid by another from the pro-
ceeds of a loan which he made to
the county, and the rights of the
several holders thereof such per
son has become subrogated) and
other warrants issued by the
county commissioners aggregate
a sum larger than that which the
county has in in its treasury,
raised from the revenues of the
year in which the various liabili
ties were incurred, payment must
be made in accordance with the
rules prescribed in the Political
Code. When the legality of some
of the warrants contending for
payment is in issue, equity will
restrain the treasurer from dis
bursing the county funds in his
hands until it may be judicially
determined to which warrants,
and in what proportions, the fund
shall be distributed.”
WRECK
On Southern Railway Near
Cork.
Day Coach, Two Baggage Cars and
Hail car are Turned Over-
Sleeper Leaves Track.
Spread Kail Cause
Monday the fast south-bound
Florida limited of the Southern
railway, Train No. 14, between
Cincinnati and Jacksonville,
which left Atlanta at 12:55 o’clock
Monday morning, was ditched
one and a half mile south of Cork
at 2:30 o’clock that morning,
three mail clerks and an express
messenger being hurt.
The cause of the accident is
said to be due to a spread or bro
ken rail. The engine, tender, a
dead-head baggage coach, mail
coach, combination baggage and
express coach, day coach and a
Pullman sleeper left the rails.
The three other Pullmans did not
leave the track.
The engine left the rails, but
remained upright. The dead
head baggage coach, mail coach,
combination baggage and express
coach and day coach turned over,
but the sleeper, which left the
ck remained standing some
distance from the rails.
None of the passengers or the
train crew was injured, and the
escape from death is miraculous,
as the train was running at a
considerable rate of speed. The
train was due to leave Atlanta at
12:45 Monday morning, but was
delayed ten minutes. It was run
ning twenty minutes late when
the accident occurred.
MENTAL GROWTH OF BABIES
Woods Hutchinson, M. D.,
could hardly have touched a more
live wire for the home than when
he selected for his subject “The
Mental Growth of Babies,” pub
lished in the March issue of Wom
an's Home Comanion. Here are
just a few of Dr. Hutchinson’s
short paragraphs:
“Just as the germ of the flow
er is contained in the tiniest seed
and will reveal itself with an ab
solute certainty as will rootlets
and leaves when proper condi
tions of heat, moisture and light
are accorded, so the germ of the
mind of a child is present in his
little body and will develop and
unfold itself with the growth of
the latter.
“The only way to stop the
growth of a child’s mind is to
stop his body from growing.
Appetite is the mother of the
mind, and muscle is its father.
At its lowest estimate the body
with its brain is the tool of the
mind, and good work cannot be
done without good tools.
“The first test of muscular
vigor, the hand grasp, is an indi
cation of the mental possibilities
as well. Not one child out of a
hundred who at ten days of age
grasps firmly and clings to a fin
ger or pencil rubbed against his
pink little palm will ever fall be
low the average intelligence of
his race.
In accordance with their custom
McKibben Cos. is offering a good
article for a low price. This time
it is one-horse wagon spring seats
for $1.25
JACKSON R, F. D. NO. 7
“Grip, grip grip” throughout
No. 7.
Little Mary Sims is improving
very fast.
I would like to write a few dots
to your hustling paper.
The friends of Mr. T. M. Brit
ton will regret to know that he is
very sick. He is well known
throughout Butts county, and one
of the oldest men in this county.
We do not like the way Elgin
talks of their farmers. It seems
that the writer has not been over
three miles from Elgin. If he
has, it was south of him. That
writer should come up on No. 7
along in July and see the wool
hat boys with their sleeves rolled
up and see what they are doing.
As to the mail carriers, we
have one among the best in Ga.
200,000 feet of of flooring and
ceiling going at SIO.OO per thous
and or SI.OO per hundred feet at
Jackson Lumber Cos.
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JOSEPHINE T. BAKER, Editor.
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The Art of Conversation
Shall and Will: Should and Would:
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Pronunciations (Century Diction
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Correct English in the home.
Correct English in the school.
What to say and whatnot to say.
Course in Grammar.
Course in Letter Writing and
Punctuation.
Business English for the Business
Man.
Compound Words: Ho to
AGENTS WANTED.
SI.OO a Year. Send 10 cents for
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Progress Job Work is up-to-date.