The Russellville Democrat., 1882-06-08
THE "LEyEE WARRANTS. "
Attorney General Moore Kills this Portion of the
 Fraudulent Debt.

this Portion of the
 Fraudulent Debt.
 A case of more than usual inter est and importance was decided in 1 the circuit court of Pulaski county on yesterday morning.
 In 1869 the legislature passed an act providing for the building and repairing of the public levees. Though ostensibly for repairing the public levees, the real object and scope of the act was for the benefit fof private interests,
 It allowed the land owners Tn any locality who would "be directly bene- fitted by the building or repairing Pof any leyee or the ditching or drain isig of any oyerhowed lands to make application through the county com. missioner to the state commissioner of public works and have the levees built ortrepalred, or land dltched, etc. l After the work was done, on the eer- tiiicate of the commissioner, the au- dltor of state was required to issue swamp land warrants, with interest coupons attached, at $ per cent. to run thirty years.
 The warrants were made receiv- able in payment for swamp lands, and at the end of thirty years, if there was no swamp lands, the state was to redeem them in currency.
 Subsequently, in 1871, the famous levee bond act was passed, This was simply amendatory of the act of 1869, and one of it's swamp land provisions says all swamp land warrants issued under the act of 1869, were made convertible into leyee bonds.
 The whole amount of the swamp land warrants issued was $595, ,79l. Of this amount $2000 were taken up by purchase of lands and $551 ,697. 33 were converted into levee bonds, leaving outstanding of these swamp land warrants the sum of $42, ,093.67, with interest at eight per cent, slnse about 1870.
 Recently J. N. Smithee rendered one of these warrants-or the due coupons-to tue land commissioner in payment of certain swamp land.
 Under the advice Of Attorney General Moore, the commissioner refused to accept it, and a petition for writ of mandamus was filed to compel him to receive it.
 Upon a careful examination of the journals of the legislature the attor- ney general discovered that the act of 1869, which originated in the house, was amended in very i'm portant particular by the senate. The house refused to concur, and the senate then receded from the amendment-but the enrolled bill, as signed by the presiding officers of both houses and approved by the governor, and as published, STILL RETAINS THE IMPORTANT AMENDMENT,
 The attorney general answered the petition for mandamus, claiming that the act is void and never c0nstitu- tionally became q law.
 The case was ably argued for the petitioner by Judge Rose and Col, Howard.
 On yesterday as above stated, Judge Martin rendered his opinion and on the grounds above indicated, sustained the answer and refused the writ of mandamus.
 It is understood that the case will go to the supreme court. The at- torney-general is confident of sus- taining the case there.
 As it now stands the state is re- lieved of some $82, ,000, principal and interest, on account of these out standing auditors warrants, and the nail is driven into the coffin of the defunct levee bonds to the extent of $55l ,697,33.-Little Rock Democrat, May 3l.