The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1894-02-13
SHOULD BE PAID.
THE MONEY CAN BE TAKEN FROM
THE CONTINGENT FUND.
The Attorney Generals Opinion Abont tho
Expenses Incurred In the "Waycross
War"-A Number of Authorities.

opinion in the matter of expenses incurred
in the Waycross war, and that opinion was
transmitted TO the comptroller general FRIDAY
afternoon as soon as it completed
Attorney General Terrell goes fully into
the case and quotes a number of legal au-
thorties to support the conclusion at which
he arrives which is
That the comptroller general should couh-
tersign the warrant for the pay OF troops.
In view Of the widespread interest, ana
the fact that it has frequently been sad
by those who had not made a careful m
vestigation that there was no law sus-
tanning the governor the opinion of the at
torney general will be of general interest
The Attorney Generals Opinion.
The opinion in full is as follows:
state Of Georgia, Office of Attorney
General Atlanta Ga, February 9.-lion
W. A. Wright, Comptroller General, Al
lanta Ga.-Dear Sir l have yours OF the
lst instant, III which you state that a war
rant has been drawn by his exceiiency, the
governor, on the state treasurer in favor OF
the savannah, FLORIDA and Western rail-
road in payment OF Il bill for the uanspof-
tatlon OF troops from savannah - some
point on SAID road to prevent the Corbett-
Mitchell prize hight, ana, doubling my au-
thority, under existing laws, to approve
same nave withheld approval until 4 could
investigate the legality OF the claim ana OBJ
tain also your olllclal OPINION on the SUD-
Ject,' etc.
10 mtelligently answer your inquiry l
must assume That the question which raises
the doubt in your mind refers to the au-
tnority of the governor to order the troops
into service TO prevent the Ccrbett-Mitcheil
prize hight, and his consequent authority
10 draw from the state treasury funds sui
1icent % meet the necessary expense Of
transporting the troops when 50 ordered
of your question / herewith submit an ON
cial opinion on the legal questions as UNI
derstand them to be involved in your IN
QuiIy.
TO reach an intelligent and satisfactory
conclusion upon the questions involved 1t
becomes necessary to ascertain:
Il. Whether such a prize hight is a crime
under the laws Of Georgia.
"2. Whether to prevent or intercept such
lighting authority by law is vested IN the
governor TO ORDER out the troops of the
state.
%. If such authority is vested in the gov
ernor, then how and III what way the
necessary expenses incurred by the military
SO ordered out are 10 be paid
Il. Several weeks since in reply to a re
quest from the governor, | Investigated the
question to whether prize lighting was
crime in this state and gave him an OH
cial opinion to the effect that it was a
crime: A review OF this question and a re-
examination OF the authorities since the
receipt OF your request confirms me in the
opinion which l gave the governor. Our
to commit D violent injury the person OF
another ana a battery as the unlawful
anger IS an essential element of the offense
OF assault and battery. In the case of Hill
"a. hAi
llat the voluntary throwing of stone at
person and hitting him, though i'm sport
or play and without malice or anger was
an assault and battery, and i'll the case of
CfulnDleY vs.. the state, 81 Ga $50 the
court held that shooting at another in sport
WIN q gun at distance of twenty stems
was an assault even if the gun be loaded
with powder only. In the case of the com
monWealth vs.. Goldberg, ll9 Mass. 35i, whe,,a
me psIleS by mutual agreement went orr
70 light one another in a, retired place ana
ga nSht IN the presence Of from hffy ia
until one said that he was satisfied Ia
court held the lighting unlawful and The
ana IN a very able and we'll considered opif-
ion by lndico1t. j. the following was given
as the law of the case:
The common law recognizes a. NOT ree
eSS''tli2 unlawful certain manly sports cal
cutatea to give bodily strength skill ana
activity, and ito fit people fer defense NH
ne as well as personal. in time of need -
Playin@ at cudgels or foils or WRESTLING
Dy consent, there being no motive to H.,
bodily harm on either side are said to be-
@NerGlStS OF this description. Fost G H.
%l1e9 t9ln. Dig; PLEAD m. H. Eut prize
thal KIND serve no useful purpose tend to
pIeaches OF the peace ana are unlawfu!
! without anger or natural i'll will. Fost G
J.! $50 Greenl on EV. Section 81 I Stenb
N. !. u If one party license another par
y TO beat him such license is void be-
cause 1t IS against the law. Matthew vs.
OHGfton' Comb. 2l8 In an action for asa
SauIt the defendant attempted to put III
evidence that the plaintiff and he had
{ no cd ~ I.,7t IA
to the actfon Ia. ho>i,, a. iieiu 70 ptI
and the consent ~ 10 ,,o 10 Una " IA
could not evclIsn tla -, - 5 ~ lelLI
Clark Bul = ~ rb@ sa,,1 ',ou IiI HS,
laid down in Sto1,t ~ ]Era,, tr, ~ W vs.
O. 430 and - IN Te " ign lawns ~
~ a. Ia1 In t,l.,,.' -, !" 1oilt -,
Ind 35l the anrhorifias are reI,ic,,,aI az
it was held mar il u,as no ha,, Tr ~, 90
ton Of assault that the nprtioe f6Urht t'I aaCh
other bv mutual consent b}1t ~ e1'lh
consent my ba eboUn T., i'tlt 9'tl ~
da,nayaS SEQ I ,o.,n - t,.ti,, - ~
TlIa IL - 49, r,ii -eN,s ~ oleH'
H. 70 a,t,,o 80. 80 =, ~ T.'l ,,'Se, j;
90 - itti - l. ~; Gnu n -, 1htl
~ Ot!e JU~lHle,t IN StIihiiS announcer eH-
CepI II De III sen -dtIehSe, ana II ought
70 pe Known lhai whenever Two persons
70 UuL 10 Sttih@ q. u 9t4eI ana 90 SO earh
- sutttn % "a ""5IlUiI az thai u was
T y, l''I ~ VI" StItheS ~ Ii9t DOW See
~ ~. , ~ ~, + NJ =. ~ ! = No IitEaS
~ 49, ~ ~ }r " ne ~
G,.,,1ta,. ~. Gt,t, - OF G. to - - -
ti3 r. w. ''.'o - 7'' ~ WIS
49, IA an li'.tt as d!nSL = tOf an
assault anu 3altfIY on - was iol SlIS-
t'uncVr ny tNiGCi.tE Iu'tL = SSflpiteu ana
beat !, III q i!SHl al ri iiStiNu!tS bE agree
Hie4I petWccn Intth' htS IS lle substance
o. te report and lne ItCl9 are not 1iS-
Glo2tp, 10 re;9ollS are 80" Oi ctst'9 'ILco
~ S',1lIa :" tlie pI0llSilVil ~ ~ We CIIhot
~ 49, pI, trt1i e ~ -
%5'iIQt AZ ~ '9 al
i' ~ - ~ ~ .i,,t ' o,,,,''.. : '" "a
- ~, hir1, "tl, ,1ib0,,its j., I'm,