Newspaper Page Text
PUBLIC PROPERTY FUND
MAY BE USED BOTH YEARS
Attorney General Hart rendered an im
portant decision last Tuesday upon re
quest of State Treasurer Park. The point
in question hinged on the construction of
the section of the general appropriation
bill relating to the payment of interest
on the bonded debt. As the bill was pass
ed at the last session of the legislature, it
seemed to require the collection of taxes
for interest for two years during 1903.
This, Judge Hart holds, was evidently
not the legislative intention.
The main point, however, is whether
the balance of the public property fund
remaining in the treasury can be used
to pay interest in 1993, or only in 19<>4.
The bill as passed provides that it must
be used to pay 1904 interest.' there being,
apparently, an error in the wording of
the act Judge Hart holds that it was
the intention of the legislature to use
the fund both in 1903 and 1904; that it
can be used to pay this year’s interest,
and that if there is any left it may be
used for paying interest next year.
Judge Hart’s opinion on the subject
is as follows:
April 7, 1903.—H0n. R. E. Park, State
Treasurer, Atlanta. Ga.: Dear Sir I am
in receipt of your request that I construe
section 5 of the appropriation bill passed
by the last legislature. The section reads
as follows:
"Be it further enacted by the author
ity aforesaid. That the following sums ol
money be and are hereby appropriated
to pay the recognized valid debt of the
state as follows: One hundred thousand
dollars on bonds maturing January 1.
1903. and one hundred thousand dollars
on bonds maturing January 1. 1904, to be
paid out of the sinking fund.
"To pay the interest maturing in the
year 1903. the sum of three hundred and
twenty-one thousand, three hundred and
eighty dollars for each of the fiscal years
1903 and 1904.
"To pay the interest maturing in 1904
the sum of three hundred and sixteen
thousand, eight hundred and eighty dol
lars, and the state treasurer is hereby
authorized and required to apply the
fund in the treasury which has arisen
from the sale of public property, and
known as the public property fund, to
pay the interest on the public debt when
the same matures in accordance with
the appropriations set forth in this para
graph.”
The confusion in the above section
arises from two sources. It will be noted
that the legislature appropriated by that
section $321,380 for the year 1904. and
again, in another part of said section,
the sum of $318,880 for the same year, as
maturing interest on the public debt.
The total of this sum is $638,200. appro
priated to pay the interest on the pub
lic debt maturing in 1904. while no such
sum is necessary. Three hundred and
sixteen thousand, eight hundred ami
eighty dollars is all that is necessary to
pay the maturing interest on the public
debt, and it is fair to assume that that
was all that the legislature intended to
appropriate. Why this additional ap
propriation was made will be considered
in discussing the other element of con
fusion growing out of this section.
It will bo noted by a strict construc
tion of the section and paragraph above
set forth that the legislature has placed
itself in the attitude of appropriating
and pledging the public property fund
to the payment of the interest on the
public debt falling due in the year 1904,
and so far as the interest on the public
debt falling due in 1903 is concerned, the
appropriation is without the pledge The
question arises, why does the b gislatui e
apply the public property fund non in
the treasury to the payment of interest
In 1904 on the public debt and fails to
make any such pledge of the public prop
erty fund to the payment of interest on
the public debt in 4903?
I understand a. construction of this
section involves materialy the financial
status of the treasury, for the "public
prop, -tj fund" in the treasury Is not
sufficient to pa> the interest for both
years 1903 and 1904. If the section is to
bo construed as appropriating the public
property fund to the interest falling due
in 1904. and that interest falling due in
1:03 is to be paid out of the treasury gen
era 11x . it will necessitate the borrowing
yf money on the part of the state and
paying interest thereon, when, in point
of fact, if the section is to he construed
a- appropriating the public property fund.
s« far as It went, to the payment of in
terest for both of the years 1903 and 1904,
the state would not have to borrow
money. If. therefore, the language of the
section does not require the former con
struction. the latter construction is the
one to adopt as the proper construction,
considering the welfare of the state. 1
do not understand that the interest fall
ing due In 1904 on the public debt matur
ing is any more sacred than the payment
of the interest falling due on the same
debt in IMS. No reason appears, and none
can be suggested from any point of view,
why the state should regard with any
greater solemnity the interest falling due
one year, than the other T think the
proper construction of the section is that
th* legislature meant to pledge that fund
to-wit: the public property fund. t> the
payment of the interest falling due both
years, and to be paid as the debt ma
tures.
The argument in support of a different
construction of this section Is found in
the last five words, to-wit: "Set forth
in this paragraph." The physical appear
ance of the section as embodied In the
act divides the section into two para
graphs. In this, the printed section dif
fers from the original act passed by
the legislature I have looked at the
original act and there the entire appro
priation is treated as one paragraph
while in the act as printed by the public
printer, he treats it as two paragraphs
The act as passed by the legislature. 1
understand to be the act and the true
law of the case I do not understand
that the public printer, by punctuation
or by paragraphing, can make or ehange
a law It Is evident from an inspection
of the original act now of file in the
secretary of state's off>- ■ ■ that the house
of representatives originally passed tb--
appropriation act as relating to the year
1903. and when it reached the senate the
act was amended by adding similar ap
propriations for the voar 13 d. making
the appropriations hill carry the two
years, to-wit: 1906 and 1994
I have no hesitation, therefore, in Im'i.
ing. in the light of the history of this
act. and after a personal insp-- linn of
the original act. that the legislature in
tended to appropriate the pnbli, prop
erty fund to the payment of the interest
falling d ie in both years 1903 and 1904
and is accordingly advising you th.it
by the terms of said act you are au
thorized and required to apply the pub
lic propertv find first tn the interest
falling due in 1903. and what is left to the
interest falling due in 19*11 Resnect fully,
JOHN C. HART.
Attorney General.
Fire at the Capitol.
There was quite a fire at the capital
Friday. As a result one of the base
ment windows was burned completely
out and the stone around the window
was badly chipped and cracked off.
Strangely enough the tire was on the
outside of the building. Had it occurred
on the inside, (perhaps, it would not
have caused as much damage as it ill I.
It happened in this way: The tinners who
have been at work on the roof have be. n
tearing off the old tarred paper which
was under the tin, and throwing i, to
the ground. A large pile of it had col
lected on the eastern side of the building
right next to the office of the comptroller
general. Thia paper is very inflammable,
and when one of the workmen yesterday
carelessly threw' a lighted cigarette into
It, It was ablaze in a few' minims.
Before the tiro could be put out it had
burned one of the basement windows
completely out. chipped off a lot of the
stone around the window and covered a
large section of it with soot. Colonel tv.
T. Revill, keeper of pub'ie buildings and
grounds, expects to place the responsi
bility upon those who have been repair
ing the roof, and will endeavor to make
them pay for th/> damage. There is no
insurance on the eapitol building.
Senora Marla Francescade la Guerra
has been jailed in San Francisco for big
amy. My, but wouldn't that name sell
stacks of two-£or-five cigars?—Rome
Tribune.
PROGRAMME ARRANGED
FOR SCHOOL OFFICIALS
The programme for the annual meeting
of the- county school officers of Georgia,
which convenes in Macon April 11, has
been completed.
The meeting this year will be an im
portant one and will be largely attended.
I The arrangements have been completed
I by the executive committee composed of
- M. B. Dennis, Eatonton; J. M. Pound,
1 Macon; J. N. Wall. Elberton; W. 1> Mer
| ritt. Atlanta, and M. L. Duggan, secre
| tary, Sparta.
I The complete programme follows:
April 1-I—9 a. nt.
I Address of Welcome—Mayor Bridges
Smith.,
i Response - George M. Napier, president
| county board of educajrfon, coun-
! Annual Address.of State School Commis
-1 stoner—W . B. Merritt, state school com
; mission*!'
Duties of Members of County Boards
j of Education -Hon. W. E. Steed, pres-
■ ident board of education Taylor eotink, .
j Discussion- lion. W. A. Wright, eomp
| troller general and member of state board
; of education.
I Announcements.
2 O’Clock P.
j Report of the school work in Put
nam. Carroll, Fulton and other coun
ties by county superintendents.
Supply and Exrh tngd* of ’Teachers —W.
; T. Marlin, county school commissioner
of Johnson county.
Report of (’onnr.ittoo on Qualifications
i and Supply of <’olor<d Teachers Lawton
B. Evans, superintendent schools of
' Richmond county.
Report School Libraries .1 S Stewart,
president North Georgia Agricultural Col
lege, Dahlonega.
8:30 O’Clock P. M.
Reception by board of education of Bibb
. county at Hotel Lanier.
April 15—9 A. M.
I The Teaching of Agriculture in the
Common Schools J. N. Rogers, professor
; nf agriculture North Georgia Agricultural
College. Dahlonega
Discussion N. H. Ballard, superintend
ent of schools of Glynn county, and I Inn..
R. F. Wright, assistant commissioner of
agriculture.
Address—“T/Ocal Taxation for Schools’*
- Hon. Thomas G. Lawson. Eatonton.
2:30 O’Clock P. LI.
Proper Forms for the Accounts and
Records of (’ounty School Commission-rs
—R. J. Guinn, president county board of
education nf Fulton county.
To W hat Extent Wi l Manual Training
iu Onr Schools Facilitate a Practical
and Industrial Education, and Will it
Detract from the Literary Course? R.
I N V/bite. county school commissioner
of Madis >n countv.
; Literature in School Work M. L F.rit
i tain, county school commissioner. Fulton
i county.
8 O’Clock P. M.
I The Relation nf the Srhnol to the Cnm
[ munity David E. Cloyd, school visitor
for the general oduc.dinn board.
The Character. Work and Influence of
George Peabody Hon. Hoke Smith.
Thursday. April 16.
During Thursday morning, from 9 Io 12
o’clock, the members of the convention
i will visit the schools of the cjt\ and
■ county and make careful the
school work
2 O’Clock P. M.
Report of the School Work in Hancock
and Bibb Counties- J. M. Pound and M.
L. Duggan, superintendents
I >jseussi<>n.
Resolutions on the Life and Work of
J. L. M Curry N. A Crawford. unty
school i nmmissioner. Lincoln county.
Report of committees.
M business.
A djourmnent.
STATE GOSSIP CAUGHT
IN CAPITOL CORRIDORS
The quarterly statement of mone-x due
the state for convict hire was Monday
submit). ••■I to Comptroller Genorul Wright
■ by Capain Goodloe Yancey. secretary of
I the prison commission, and shows that
I the sum of $51,153.75 is due for the quarter
. ending March 31.
! The following is the itemized state
j ment:
"Office of the Prison Commission of
. Georgia. Atlanta. Ga.. April 7, 1903.
I Statement this day renderedd to the
I comptroller general of Georgia of the
I amount due the state for the hire of
I convict labor for the quarter ending
l March 31. 19C3.
i J. W. English. Jr., Atlanta. Ga. .$ 8,937 10
i J. W. English, Jr., for account I.
i B. E. E. Mining Company, and
' Joel Hurt. Atlanta, Ga 3,047 36
George S. Baxter & Co., Jackson-
i ville, Fla 8,66123
Chickamauga Coal and Coke Com-
pany. Chattanooga. Tenn.. .. 6,1*2 63
Chattahoochee Brick Company.
Atlanta. Ga. .. .. 4.403 50
Parrott Lumber Companv, Rich-
. wood. Ga 3,194 04
Enterprise Lumber Companv. At-
lanta, G.a . . . . 3.786 10
Canada Lumber Co., Worth. Ga '.■.571 53
James M. Smith. Smithonia, G.a J. 550 O 0
Merritt W Dixon, Savannah. Ga. 2.45 n a
Cruger A Pace, Albany, Ga 1.592 ill
Estate W E Mattox. Elber-
ton. *la 1,263 50
Jno. W . Mei-.alla. Beardmont. G.a. 1.362 50
Donalson Lumber Company, Don-
sonvllle, G.a. ..•1.336 10
Southern Mining Company. Joel
, Hurt, pre-ident, Atlanta, Ga.. .. 36 30
! T0ta1551,153 75
! By an official appointment last Monday
by Governor Terrell, attention was at-
■ trai led to one of the most unique meth
’ ods of choosing municipal officers pei-
I taining in any city in the United States.
The city in question is St. Mary's. Ga.,
i ami for over twenty-live years the gov
ernor Os the state has been the authoiity
| which n imed tin- mayor and aidermen
lof that Place. Baek of this lies a rather
The n-gro population of St. Mary’s and
j th- vicinity is quite large, and it was
i formerly fe.ir-d that this element might
get • c t ol of the lot al p ditieal itua
. lion Prompted b\ this fear, the cit
izens of the municipality in lsß7 ; ppealed
' t< th- state legislature lor an amendment
; to th.-ir charter.
1 The legislature granted the request and
thr governor was constituted the sole
authority iu the naming of officials to
'govern the. corporation in question. This
'law has never been repealed.
i Once a year ever since then the white
I citizens of St. Mary’s have met together
1 ami nominated a ticket for mayor and
aalerm-n. These nominations have been
I übmittei to Ihe governor ami he, by an
I unwritten law of courtesy, has always
! commissioned the nn-n so designated.
The nominations submitted to Governor
■Teirell yesterday were as follows.
I-’or mayor, 1.. M. Vo<-elle, and for ai
dermen. R. 1. Bum-kley. .1 R Bachlott
. 11. 1., Long, J. Mill .Miller and 1. F.
The governor issuer] commissions for
j each of those and they will hold office
i for one year
Important Pension Decision.
Attorney General John <'. Hart rendered
an important decision last Thursday rela
tive to pension cases, at the request of
I ension Commissioner J. W. Lindsey .
The eases in question involved the rights
of those who have heretofore drawn pen
sions in Georgia, but who lost their citi
zenship in the state, to secure pensions
again upon their return. In one case a
confederate veteran whose name had long
been on the pension roll went to Texas
only on a xisit, though he e.irried Ins fam
ily wit’n him. He has recently returned
and states that ho went tn Texas an~
remained two years. The other case was
that of a veteran who went to Alabama
with a view of taking up his residence
there, but after two years decided to re
turn to Georgia. Upon their return, a
I short time ago, both of these veterans
applied to the pension commissioner to
be reinstated on the pension roils.
1 Attorney General Hart holds that both
THE WEEKLY CONSTITUTION: ATLANTA. GA.. MONDAY. APRIL 13, 903.
Southern Policemen
Endorse Swamp-Root
Enthusiastic Words From Brave Guardians of the Peace forj
the Great Kidney, Liver and Bladder ’
Remedy, Swamp=Root.
/
I W
LIEUTENANT BAILY,
Os Columbus, Ga.
Columbus, Ga., Feb. 2'l, 19F’.
Gentlemen—" This is to certify that 1
was a constant sufferer for a number
of years with backache and frequent
desire to urinate, but. alter using
eighteen one-dollar bottles of your
Swamp-Root I was entirely cured and
cheerfully recommend it Io any who
may suffer from such complaints.”
Yours very truly,
W. c. BAILY.
Second Lieut. Police.
The South, is proud of her police force, and justly so. for no finer set of men can be found anywhere.
if a policeman were to give himself but a small fraction of the attention that he devotes to the lives and property of the citizens he is sworn to
protect, an unbroken record of health would be his portion.
But the very nature of his calling prevents this, lie must stand on his feet for long hours at a time and patrol his beat in even the stormiest
weather. Insullicient sleep ami food taken at irregular hours also add their share to his health-destroying burden.
This continued exposure and enforced neglect naturally have a weakening effect on the vital organs of the human body, esp-cially on the kid
neys, liver and bladder. It is a, fortunate thing, however, that every evil has its compensating influence. Thus, while the perils of an unusually
trying position are apt to break flown a policeman's health, he has available a remedy that will quickly iestore strength and vigor to the system, over
coming all aches and pains, and making life once more worth the living.
Good news travels fast. Thus it is that Dr. Kilmer’s SWAMP-ROOT enjoys among policemen a popularity that no other kidney, liver and
bladder remedy can even approach.
One has but to gaze into the faces of the brave home protectors grouped on this page to quickly realize that their testimonials regarding Dr.
Kilmer’s SWAMP-BOOT are the spontaneous outpourings from hearts made grateful by the marvelous cures it has performed for them. Every year
brings records of thousands of just such cures.
No matter how many doctors you may have tried—no matter how much money you may have spent on other medicines, you really owe it to
yourself to at least give SWAMP-ROOT a trial. Its staunchest friends today are those who had almost given up hope of ever Incoming well
Martyr-like, they had expected to go through the balance of life racked by constant aches and pains. Thanks, however, to Dr. Kilmer's SWAMP
ROOT, they are today embodiments of perfect health, with not only the desire, but also the ability to enjoy. «
How to Find Out if YOU Need Swamp-Root.
1! you are sick or “feel badly,” begin taking th" famous new discovery, Dr. Kil
mer’s Swamp Root, because as soon as your kidneys are well they will help ail the other
mg.u.s to heath. A trial will convince anyone.
Weak ami unhealthy kidneys are responsible for many kinds of diseases, and if per
mitted to c.mtinue much sutL’i'ing with RATAL RESULTS ARESURE T( > FOLLOW.
Kidney trouble irritates the nerves, makes you dizzy, restless, sleepless and irritable.
Makes you pass watoi- often during the day and obliges you to get up many times during
tlie night. 1 nhealthy kiflneys cause rheumatism, gravel, catarrh of the bladder, pain
or dull ache in the back, joints and muscles; makes your head ache and back ache,
cati'cs indigestion, stomach ami liver trouble; you get a sallow, yellow comp exion;
makes you leel as thou Ji you had heart trouble; you may have plenty of ambition, but
no strength; get weak ami waste away.
r I I -J Will r~ : u
•
i iSli I UW dHfet w*
| vZ- WlKfc' - >;i “'-■w '-
‘4< , , I JbIlZ
>
! I MrtSu§MßteWl .<■■.* . d
• uh' QIWI /- i Htm A '-•
jj.rt- rW ~ fc : .'V‘-F Ji : . •
!to |Q|bjMw A*i " ; XJ&
i—au
OFFICER GUILFORD, SERGEANT PERRY. SERGEANT ELLISON, OFFICER REEVES,
Os Dothan. Ala. Os Columbus, Ga. Os Columbus, Ga. ’ Os D ° than ’ Ala ’
Dot-han, Ala.. Feb. 20, 1993. Columbus, Ga., Feb. 4. 1903. . Columbus, Gn.. .Jan. Bist.. ioo3. Dothan. Ala . F.'o 29. D 3.
»: i-i lemon— "I have used the famous Gentlemen—"l have used Dr. Kilmer's Gentlemcn-“This is to certify that l»r. Kii- '' !I 'fmen-"l have taken Swamp-Root
remedy. Swamp-Root, in my family with Swamp-Root for kidney trouble with very mor's Swamp-Root, the great kidney, liver and and find that it is a wonderful medicine
the most favorable results, and can cheer- gratifying results. I heartily recommend bladder remedy, has boon used by my family: my for k)dnev and liver troubles, and recorn-
fiTlly recommend it to the public as a re- it to all people suffering from any kidney mother and my wife's mother have both used .t, . ~
■i-ibl.. medicine” trouble" & o j an< i have found „ to boa great medicine. We menu it to al! who .suffer from the com-
Yours respectfully. ‘' Yours respectfully b f' iP V wi " d ° a “ “ r « c " l ‘ ,l > l< ’ nd ‘' ( ’ 111 <■■•• ™‘l plaints that it is - rid to cure."
*
t. .. xLTLFORD, R. E. PERRY, with kidney or bladder troubles.'’ Yours respect- Aouis trmx,
Policeman. Sergeant of Police. fully, S. J. EJ.I.ISON, Ist Sergeant of Police. I. L. REEVES.
Sample Bottle of Swamp=Root Sent Absolutely Free by Mail.
EDITORIAL NOTICE. —Swamp-Root, the great Kidney. Liver and Bladder remedy, is so remarkably successful that a special arrangement
has been made by which all of the readers of this paper who have not already tried it may have a sample bottle sent absolutely free by mail. Also a
book telling al! about kidney, live!’ and bladder troubles and containing many of the thousands upon thousands of testimonial letters received from
men and women cured by Swamp-Root. In writing, be sure and mention reading this generous oiler in The Atlanta Weekly Constitution, when send
ing your address to DR. KILMER <fc CO., BINGHAMTON, N. Y. Don’t make any mistake, but remember the name, Swamp-Root—Dr. Kilmer's
Swamp-Root —-Binghamton, N. Y. Sold by all druggists. 50 cents and SI.OO.
of these veterans will be entitled to draw
pensions again, but only after they have
acquired citizenship in Georgia. To do
this they must first live here twelve
months, so they cannot bo placed on the
pension rolls again until next year. He
states that under the circumstances given
both of them lost their Georgia cltizen
, ship, which they will have to acquire
I ■ JWwii
iroW; 'H
hskm a y
CHIEF CHALKER,
Os Ozark, Ala.
Ozark, Ala., Feb. 11, 1903.
Gentlemen—“l suffered many years
with pa'in in the back ami kidney
trouble. After using fotir or live bot
tles of Swamp-Root I felt entirely re
lieved and attribute my present good
health entirely to the use of this great
medicine. ’’
Yours truly,
15. H CHALKER.
Chief of Police.
again as stated before they can receive
■ the state's bounty.
> Pension Commissioner Lindsey has a'
• great many cases of this kind in which
. pensioners leave the state for periods of
• from one to ten years and expect to draw
: pensions again as soon as they return.
While there is nothing to prevent a vet-
> eran going another state on a visit,
/
I
|
I
CHIEF REYNOLDS,
Os Columbus. Ga.
Columbus, G-a.. Feb. 6. 1993.
Gentlemen—“l cheerfully recommend
and endorse Dr. Kilmer's Swamp-Root
for kidney trouble. I have used it and
derived great benefit from it. I believe
it has cured me entirely of kidney
trouble, from which I suffered ter
ribly.”
Yours truly, A. REY’NOLDS.
Chief of Police.
If there is any doubt in your mi l l as to your contlibon, take from your urine or,
■ rising about four ounces, place it in a glass or bottle ami let it stand tweiitv four hours,
ft on examination it is milky or cloud,, if there is a, brick dust so t ing, or if .small
-i particles float about in it, your kidneys are in need of immediate attention.
Swamp-Root is pleasant to take and is use lin toe leading hospita l, rcc anmended
■ by physicians in their privat ■ practice, an I is i iken by doctors them-iv<..-. because
; they recognize in it the greatest and most successful reined}- that scien a been
i aide to compound.
It you are already convinced tint Swamp Knot is what you need, you can purchase
; the regular tifty-cent and one do.lar siz; botdes a* the drug store. everyw here. Don't
make any mistake, but remenib t the name, Swamp-Root—Dr. Kilmer’s Swamp-Root,
and the address, Binghamton, N. Y., on every bottle.
i if he expects to continue to draw his
pension in Georgia he must not remain
• away long enough to losa his Georgia
citizenship. When he does and returns
' he will have to live in the state twelve I
months before he can get his name back I
on th pension rolls.
Our battle ships seem to show to mu-h j
, belter advantage in war than in peace.
* illiil - i
j
s- -• :
i- ■. .■ W®!
CHIEF MAY,
Os Dothan, Ala.
Dothan, Ala., Feb. I<>, 1903.
Gentlemen—”l can positively recom
mend Dr. Kilmer s Swamp Root as
being a splendid remedy for all kidney
and bladder troubles. It is also high
ly recommended by all the leading
druggists of our town.’’
Respectfully yours.
J. A. MAY,
Chief of Police.
Tlip Albany Morale! makes this impor
tant a nn'»uneenieiit:
Onr brethren rs th«* press n» -dn’t wor
r> about the? h<»rs s lor tin- colonels
j Albany is not short on horses. But then
there shall he a horse for each colon- 1
I if we have to send out into the country
and neighboring towns and draft horses
i for the occasion. Albany may be depend-
I cd on not to ’fall down’ on anything like
that,”
/
fel .A. 2F I
i OS- •
W ■ /
I
LIEUTENANT RYCKLEY,
Os Columbus, Ga.
Columbus, Ga., Feb. 4, 4993.
Gentlemen—”l suffered a. great deal
; with my bladder and kidneys. 1 tried
Sw imp-Root and received great bene
fit. I would have been entirely
, well if I had continued using it. I
recommend it Io anv ona suffering
with kidney or bladder troubles.”
C. E. RYCKLEY,
Ist Lieut, of Police.
There Is Slavery Yet.
j Judge: *‘Yos.” said the man from Geor
' gia reminisc *ntly. ”1 remember the time
• when slaves w 're worth s3,f*Xi a head.”
. '’Oh, that’s nothing," sneered the New
> York sexton. "What do you suppose the
I slaves of fashion in my church were
i worth nar head on Easter?”
3
