Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1900-04-21
Abstract OF OHieiaI Opinions of Attorney
General McClurg.

acts 1898, page n, is 1851 per day, to
be deducted from the annual salary OF
the district attorney, unless he files
affidavit under section 1857 code as to
his inability to attend the court.
2. Where circuit court allows more
than the sum above stated, the auditor
should disregard it and issue warrants
for correct amount
3. Where district attorney has re-
ceived his full rear's salary vhile t'e-re
is an outstanding demand for pay ~
pro TEN. district attorneys in his d''s
trict, he should cover into the treasur'
the amount of the outstanding demand
4. The case of Holder VS.. Sykes, 2
So Rep, 26l, was under section l66 OF
the constitution, and does not apply to
district attorneys whose pay is provided
for in section ia Of the constitution,
That fixed salary" in section ia Of
the constitution is to distinguish the
pay from the old fee system.
5. That the deduction of double time
lost by the district attorney is pen
atty to be imposed by the auditor under
section 1857 of the code, and the pro
TEN. officer is not to be paid for such
double time.
8. A corporation operating electricity
and gas, for producing light under one
charter is liable under act 1898, p. s.,
for the privilege TAX upon both indus
tries, electric lights and gas lights.
:. A representative of a foreign firm
coming into this State to post bills and
tack up signs, is liable under said act
to pay a bill posters license.
8. Each person or firm selling patent
medicines, except licensed merchants
or druggists selling from his place of
business must pay tax Of SlOOi they
cannot travel from county to county
under this 500 license. To go from
county to county he must pay trah-
sient vendors tax of SIS for each coun-
ty, Section 80, acts 1898, page S.
Q. Acts 1896, page 81, paragraph V,
does not exempt from State, county or
municipal taxes permanent additions
or extensions, costing not less than ten
thousand dollars 100000, made to any
permanent factory or plant established
prior to the approval of said act-only
those thereafter established,
10. The Office of county treasurer
and county health officer are incompat-
ible and cannot be held by the same
person at the same time.
II. The board of supervisors have no
lawful right to arbitrarily continue
from term to term without considera-
ton petition for stock law. 1t is
the duty of the board to declare the
result and have it entered on The
.,,;s,s.tor
NorE-Acts 1900 provide that the
stock law shall not be put in force un-
til four months after order granting
it is entered.
II. One who served out an expired
term of county election commissioner
without having taken the oath of office,
and without objection from any source,
is a de facto officer and may receive
compensation as such commissioner
(sectiou 1902 code, but he cannot en-
force payment thereof
Is. Where a partial stock law district
has been lawfully established, part of
that same district cannot be changed
into full stock law district, except by
a petition like that upon which the
order granting the original partial
stock law district was made. Code,
section 2O56, acts 1897, page 81; and see
section ?O59 code, which provides how
changes and notifications may be
made within five years from original
order.
IA. All officers concerned, the mem
bers of the board the clerk and the att
torney, in a loan of the sixteenth sec-
ton funds in any other manner than
that prescribed by section 4,15l code
amended acts 1894, page "a, are LIABLE
individually and on their bonds for am
loss of the funds; and all are so liabh
for loss resulting from fraudulent
loan,
The same care and caution should De
observed in making loans of this fund
that would be expected of an ordinarily
reasonable business person in the man
agement of his own affairs and tee
from fraud, corruption and abuse, Of a
sound discretion, and free from gross
negligence, otherwise liability follows.
10. The board of supervisors may
lease sixteenth section land under an
notated code, section 4,149, as amended
acts 1898, page 81, for term not ex-
ceeding fifteen years, and such of said
section as may be in city, town or VII
lage may be leased for twenty-five
years, all on condition of the annual
payment of the rents reserved. In
cleared land may be leased for seven
years, for the improvement, with OPP
ton over to the lessee. Pine timber
and wood may be sold from this sec
ton. Same as to lands taken in leu
of sixteenth section.)
16. Under acts 1897, page "A, stock
law district less than a township may
be added to a stock law district hereto
fore established in an adjoining county.
County lines to be ignored in such case.
See now, act 1900.
II. The board of supervisors under
section 3,6ls code may cause poll-books
recopied and award the contract in its
discretion to another than the registrar
(circuit clerk, who has no right TO
withhold the books aud demand that
the contract be let to him; his duties as
registrar or custodian of the books do
not confer such right.
IS. An order of the board entered on
the first Monday in March, 1900, de-
claring stock law in force at once, is
suspended by operation of an act APP
proved February 2s, 1900, and going
into effect from and after its passage,
from going into effect for four months
after the order was entered, unless 1t
comes under one of the provisos OF said
act relating to stock law territory ex'
listing under defective order, which
may be put in force at once.
10. The county is not liable for magis-
trate's court in cases that fail in the
prosecution OF deiaulting road hands,
because it is prosecution by the State
and not by the county. Special deputy
..o.@ol,la ann,;ntad w ,,roner CaEpR