The Butts County progress. (Jackson, Ga.) 18??-1915, February 27, 1908, Image 6

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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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