The age-herald., 1898-01-27
CURRENT TOPICS
 AT THE CAPITAL Demurrer Sustained in the Agricultural
 College Case. JUDGE COLEMAN'S OPINION Held That a Newly Established School Could Not Get the Revenue AccRUING IN PREVIOUS YEARS Governor Johnston Returns From Selma and Makes Some Appointments Federal Con victs Taken to Northern Prisons-Two
 Sentenced to Twenty Years.
AccRUING IN PREVIOUS YEARS
Special to The Age-Herald.

Special to The Age-Herald.
 Montgomery, Jan. 26.-A case of unusual general interest in the state decided by the supreme court today. It was the state ex rel. E. J. Smith, treasurer, etc., vs. Walker S. White, auditor The fol- lowing is the substance of the opinion in the case, as rendered by Justice Cole man:
 Edward J. Smith, as treasurer of the board of control of the Agricultural School and Experiment station of the Fourth congressional district, petitioned the court for the writ of mandamus to compel the auditor to draw his warrant in favor of petitioner upon the treasurer of the state for a designated amount of money The facts upon which the claim is based are stated in the petition. The appeal is prosecuted. The money claimed arose from the sale of tags, required by law to be attached to bags, barrels or packages of fertilizer sold or exchanged under the following statute, to-wit: And the rev. enue income derived by the sale of such tags over and above the sum of 25 cents per ton, shall be appropriated and applied in equal parts to the support of the four agricultural schools and experi- ment stations located at Athens, Albert vile, Abbeville and Evergreen, and any other branch agricultural experiment sta tion and agricultural school created here after by the legislature of this state" Acts 1S94-5 p. 36S.
 This act was approved Feb. 4, 1895. At the same session of the legislature on the 18th day of February, 1885, provision was made for five additional branch agricul- tural experiment stations and agricultural schools. Acts 1S94-5, pp. 5S2-3
 Is It Entitled to Previous Revenue?
 The petition shows on its face that the agricultural school in the Fourth con- gressional district was not established and located until the 5th of July, 1S97 and that the money paid over to the treasurer derived from the sale of tags was received during the years 1895, 1896 and the first quarter of 1897, ending with the month of March. The meritorious question raised by the demurrer is, whether an agricul- tural school and experimentNtatione estab- lished and located under the provisions of the statute in July 1897, is entitled to an equal share of the money received during the previous years.
 There was no compulsion upon the citi- zens of either of the congressional dis tricts named in section 1 supra, to com ply with the forms and conditions upon which school and experiment station should be established in said congressional districts, respectively. It appears from the petition of the relator that some if not all of the privileged congressional districts availed themselves of the benefit of the provisions of the act, while the citizens of the Fourth delayed until July 5, 1897. Sup bad 6aIa ta,, twenty years, and then compiled with the tsr-7s of the act. Could it be reasonably contended that it would then be entitled to receive equal amount of money with the stations and schools which had been operated and bestowing during these years the public benefits intended by the statute? Section directs that the money shall be paid quarterly, thus clearly showing that the appropriations were in contemplation of established schools. We find no refer ence In the petition. nor in the brief Of counsel for appellant, to the act of the leg islature approved Jan. 30, 1897. Acts 1S96- I, D. 465. By the first section of the stat ute $2,50O is appropriated to each of said schools and experiment stations, to be paid quarterly, and by section 10 of said act, it is provided that none of said schools shall receive the appropriation, "unless such school shall be. actually conducting an agricultural experiment station and ag- ricultural school,' etc. We. feel confident in our conclusion that the intention of the legislature was to aid schools and sta tions, established and being conducted &C., cording to it's provisions.
 Subject to Other Demands.
 It appears also that by the act of Feb. 16, 1887 (Acts of 18S6-7, D. S2S), and the act of Feb 2S, 1889 (Acts of 1sss-9. p. 119, also D. 72e), that the proceeds derived from the sale of fertilizer tags are subject to other demands than those mentioned in the pe- tition Of the relator. These are public statutes of which the courts take judicial notice. The petition does not give the court facts which will enable it to say the precise amount, if any, that relator is en- titled to receive.
 The demurrer raises the objection also that the relator has not shown a case in which he Is authorized to use the name of the state. Mandamus being civil remedy, parties in interest are the only proper par ties. when such interest pertains only to private rights By statute the money is made payable to the treasurer of the board.