About The Atlanta constitution. (Atlanta, Ga.) 1885-19?? | View Entire Issue (April 13, 1903)
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
