The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1900-04-21
Abstract OF OnicIaI Opinions of Attorney
General McClurR.

General McClurg.
I. The pay of district attorneys pr
tenn under section 1859 code as amende,
acts 1898, page n, is s6.57k per day, Il
be deducted from the annual salary 0
. the district attorney, unless he filei
affidavit under section 1867 code as Il
. his inability to attend the court.
.. Where circuit court allows more
than the sum above stated, the auditor
should disregard it and issue warrant.
for correct amount.
3. Where district attorney has re.
ceived 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 case of Holder VS.. Sykes, "a
So. Rep, POI, was under section 1865 of
the constitution, and does not apply to
district attorneys whose pay is provided
for in section TIA of the constitution.
That fixed salary" in section t74 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
tenn. officer is not to be paid for such
double time.
8. corporation operating electricity
and gas for producing light under one
charter, is liable under act $685. p. 8,
for the privilege tax upon both indus
tries, electric lights and gas lights.
Z. A representative of foreign firm
coming into this State to post bills and
tack up signs, is liable under said act
to pay 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 500; they |
cannot travel from county to county |
under this 500 license. To go from
county to county he must pay tran
sient vendors tax of $35 for each coun-
ty. Section SO, acts 1898, page 8.
Q. Acts 1896, page 81, paragraph V,
does not exempt from State, county or
taxes permanent additions
or extensions, costing not less than ten
thousand dollars (s1O, OOO), 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
Ind county health officer are incompat-
BILE and cannot be held by the same
person at the same time.
II. The board of supervisors have no :
awful right to arbitrarily continue =
rom term to term without considera- .
ion petition for stock law. 1t is G
he duty of the board to declare the t
esult and have it entered on the il
minutes. O
NoTE-Acts 1900 provide that the 9
took law shall not be put in force un-
IL four mouths after order granting
! is entered.
II. One who served out an expired
ERIN of county election commissioner q
'ithout having taken the oath of office, a
nd without objection from any source, o.
de facto officer and may receive 81
as such commissioner n
ection 1902 code), but he cannot en- hi
'rce payment thereof. W
Is. Where partial stock law district 10
as been lawfully esta blished. part of
lat same district cannot be changed al
ito full stock law district, except by W
petition like that upon which the ca
der granting the original partial
ock law district was made. Code, ~
ction 205e, acts 1897, page 81; and see ~
ction 2059 code, which provides how an
anges and notifications may be an
ade within five years from original We
der. IL
IA. All officers concerned, the mem.
RS of the board, the clerk and the at tir
rney, in loan of the sixteenth Sec cr'
IN funds in any other manner than OF
at prescribed by section 4,151 code, ne
lended acts 1894, page 81, are liable pu
dividually and on their bonds for any or
rs of the funds; and all are SO liable -
: loss resulting from fraudulent 81.
In. i.s
The same care and caution should be bu
served in making loans of this fund his
1T would be expected of an ordinarily l (
business person in the man ugl
ement of his own affairs and free h
IN fraud, corruption and abuse, of a pla
ind discretion, and free from gross his
yligence, otherwise liability follows. an'
5. The board of supervisors may e
sc sixteenth section land under an sta
lated code, section 4, 149, as amended cou
S 1898, page so, for term not ex- cou
ding fifteen years, and such of said v
ton as may be in city, town or viii Ais
e may be leased for twenty-five Z
RS, all on condition of the annual IL,
'ment of the rents reserved. I'm the
ared land may be leased for seven A
RS, for the improvement, with op- COLI
l over to the lessee. Pine timber A
wood may be sold from this Sec Def
|. (Same as to lands taken in lieu IL,
fifteenth section.) ed {
J. Under acts 1897, page 81, stock til !
district less than township NAV was
added to stock law district hereto 1874
established in an adjoining county.
nty lines to be ignored in such case. Edit
now, act 1900. p
:. The board of supervisors under at
ion S,61s code may cause poll-books Yer
pied and award the contract in its was
retion to another than the registrar ty,
'uit clerk, who has no right to tint
mold the books and demand that Mis-
contract be let to him; his duties as 1884
strar or custodian of the books do add
confer such right. or {
An order of the board entered on quai