The leader., 1900-04-04
LAWS CONSTRUED.
Opinions by Attorney General
McClurg.


general for one county, or one county
officer, rome municipality or munich
pal officer, may act as guide to other
counties and to other county officers.
or municipalities or municipal officers.
as we'll as to dealers and corporations,
no matter where located.
Following is brief abstract of the
opinions rendered by the attorney gen.
eral to date:
a corporation operating electricity
and gas for producing light under one
charter is liable, under acts 1898, p. 8,
for the privilege tax upon both indus.
tries, electric lights and gas lights.
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.
Each person or firm selling patent
medicines, except licensed merchants
or druggists selling from their places of
business, must pay tax of 500; he
cannot travel from county to county
under this 300 license. To go from
county to county he must pay tran
sient vendors tax of $35 for each
county. Section 50, acts %, D.. 8.
Acts 1896, p. Ga, paragraph ), does not
exempt from State, county or munich
pal taxes permanent additions or ex-
tensions costing not less than $4,000
made to any permanent factory or
plant established prior to the approval
of said act, only those thereafter es-
tablished.
To the State board of health:
The office of county treasurer and
county health officer are incompatible
and cannot be held by the same person
at the same time.
To Calhoun county:
The board of supervisors have no
lawful right to arbitrarily continue
from term to term without consider.
alton petition for stock law. 1t is
the duty of the board to declare the
result and have it entered on the min,
| utes.
Note-Acts 1900 provide that the
stock law shall not be put in force un.
til four months after order granting il
is entered.
To Green county:
One who served an expired term OF
| county election commissioner without
having taken the oath of office, and
without objection from any source, is
a defacto officer and may receive com
pensation as such commissioner (sec.
| ton 1902, code), but he cannot enforce
payment thereof.
To Rankin and Calhoun counties:
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
petition like that upon which the
order granting the original partial
stock law district was made. Code, sec
ton 2O56, acts 1897, p. p, and see sec
| ton 20o9, code, which provides how
changes and notifications may be
made within five years from original
| order
To Franklin county:
All officers concerned, the members
| of the board, the clerk and the attor.
ney, in loan of the sixteenth section
funds in any other manner than that
prescribed by section 4l5l, code, amend
ed acts, 1894, page GA, are liable indi
| vidually, and on their bonds for any
loss of the funds; and all are so liable
for loss resulting from fraudulent
| loan.
The same care and caution should
be observed in making loans of thi.
fund that would be expected of an or
dinarily reasonable business person in
the management of his own affairs
and free from fraud, corruption anC
abuse of a sound discretion, and fret
from gross negligence, otherwise liza
bility follows.
| To Attala county:
The board of supervisors under sec
ton 36lS, code, may cause poll books
recopied and award contract in its dis
erection to another than the registrar
Circuit clerk, who has no right t.
withhold the books and demand tha
the contract be let to him; his duties
as registrar or custodian of the book
do not confer such right.
To Calhoun county:
An order of the board entered OF
the first Monday in March, 1900, de
claring a stock law in force at once, i:
suspended by operation of an act APP
proved Feb. %, 1900, and going into eff
feet from and after it's passage, from
going into effect for four months aftel
the order was entered, unless it come:
under one of the provisos of said ac'
relating to stock law territory existing
under a defective order, which may bt
put in force at once.
To Newton county:
The county is not liable for costs il
the magistrates court in cases that fai
in the prosecution of defaulting roao
hands, because it is prosecution 10y
the State, and not by the county.
Special deputy constables, appoint
ed in proper cases and performing the
service, are entitled to constable's fees
There is no law authorizing pay t.
members of the board for inspecting
bridges reported to be dangerous.
To Pamela county:
That the board may furnish stamps
stamped envelopes and letter heads
used by circuit and chancery court
clerks, sheriffs, and county superin
tendents of public education in the