The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1900-04-21
Abstract OF Ohlcial Opinions of Attorney
General McClurg.

acts 1898, page II, is $8.57L 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 a circuit court allows more
than the sum above stated, the auditor
should disregard it and issue warrants
for correct amount.
8. Where a district attorney has re-
ceiyed his full years salary while there
is an outstanding demand for pay to
pro tenn. district attorneys in his dis.
trict, he should cover into the treasury
the amount of the outstanding demand.
4. The ase of Holder VS.. Sykes, "a
So. Rep, 261, vas under section 1876 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 TIA 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 a pen-
atty to be imposed by the auditor under
section 1857 of the code, and the pro
lem. officer is not to be paid for such
double time.
6. A corporation operating electricity
and gas, for producing light under one
charter, is liable under act 1898, D. s,
for the privilege tax upon both indus
tries, electric lights and gas lights.
7. 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.
s. Each person or firm selling patent
medicines, except licensed merchants
or druggists selling from his place of
business must pay a tax of 500; they
cannot travel from county to county
under this 800 license. To go from
county to county he must pay a tran
sient vendors tax of s35 for each coun-
ty. Section SO, acts 1898, page s.
Q. Acts 1896, page CT, paragraph v,
does not exempt from State, county or
municipal taxes permanent additions
or extensions, costing not less than ten
thousand dollars ($1O, O00), 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-
tion a petition for a stock law. 1t is
h duty of the board to declare the
result and have it entered on the
minutes.
NoTE-Acts 1900 provide that the
stock law shall not be put in force I'M
til four months after order granting
it is entered.
IL. 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
{~section 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 a 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 2056, acts 1897, page 81; and see
section 2059 code, which provides how
changes and notifications may be
made within five years from original
order.
IA. All officers concerned, the mem
bers of h board, the clerk and the at
torney, in a loan of the sixteenth Sec
ton funds in any other manner than
that prescribed by section 4,151 code,
amended acts 1894, page "a, are liable
individually and on their bonds for any
loss of the funds; and all are so liable
for a loss resulting from a fraudulent
loan.
The same care and caution should be
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 free
from fraud, corruption and abuse, of a
sound discretion, and free from gross
negligence, otherwise liability follows.
Is. The board of supervisors may
lease sixteenth section land under an
notated code, section 4,149, as amended
acts 1898, page 90, for a term not ex-
ceeding fifteen years, and such of said
section as may be in city, town or viii
lage may be leased for twenty-five
years, all on condition of the annual
payment of the rents reserved. I'm
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 lieu
OF sixteenth s~ection.)
10. Under acts 1897, page 81, 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.
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