The Savannah morning news., 1901-05-05
The TREASURER MUST PAY.
JUDGE GAMBLERS DECISION IN
PUBLIC PROPERTY CASE.

His Decision Is Against Treasurer
Park and in Favor of Attorney
General Terrell on Every Point.
He Holds That the Treasurer Is
OnIy. a Ministerial officer and the
order of the Governor and the
Opinion of the Attorney General
Is Sufficient Authority for Him to
Pay.
Atlanta, Ga, May 4.-Judge John S.
Gambler this afternoon rendered his de-
cision in the public property fund case,
and as far as he went he decided every
point in favor of Attorney General ]. NJ.
Terrell. Judge Gamblers decision APP
plies only to the 500 900 secured from the
sale of the Northeastern Railroad which,
with the $1,000 of general funds in the
treasury. will be ample to pay the
school teachers warrants.
Judge Gambler did not decide as to the
remaining $232 900 in the fund in question,
because as he said, it was unnecessary
for the purpose in hand. The Northeast
ern money, it will be remembered, was
derived from property acquired long after
the adoption Of the Constitution of 1877.
Judge Gambler holds Treasurer Park, be-
ing a ministerial officer, should have paid
the warrants without question. He sums
up the case briefly and concludes with
an order that madamus issue requiring
the treasurer to pay. He says in part:
Believing that when the warrants in
question were presented to the treasurer
that he had only a ministerial duty to
perform, and that the warrants issued by
the Governor and the advice of the At
torney General to the treasurer to the eff
feet that he was authorized ana directed
by the act of 1897 to draw on
any fund in the state treasury to an
amount necessary to pay these warrants,
relieved the treasurer and che sureties on
his official bond from any and all iabil-
ity, hold that under numerous rulings
of our Supreme Court, he should not be
heard to raise a constitutional question
TO delay or defeat the payment of such
warrants.
I'm addition to this, it appears that the
Northeastern Railroad was acquired by
the state after the adoption of the con-
stitution. and believing that the clause
of the constitution of 1877 relative to the
sale of public property Constitutes con-
tract between the state and the bond
holders, l hold that this clause of the con-
stitution, SO far as relates to the prop
erty covered Dy the same, SnOulO De COLI
strued by the same rules as are applca
BILE to the construction of mortgages or
trust deeds between individuals or cor
porations. AS This provision of the con-
stitution does not, by express word or
plain implication, cover after-acpuired
property do not think ii would be prop
er to treat the 100000 in the treasury
arising from The sale of that property,
as coming within the Limitation imposed
therein.
Holding the above views 1t is unnec-
essary to consider the other questions
raised by the pleadings. 1t is by the
treasurer admitted that he has in his
custody $T7.294.SS, subject to the warrants.
It Is, therefore, ordered that Hon. Roo
ert e. Park, as treasurer of the state of
Georgia, draw ON said $77,294.S2 and said
100000. the proceeds of the sale of the
Northeastern Railroad to the amount of
$3.50 306.1S, and that he then issue checks
thereon, covering the 143 warrants de-
scribed In the petition and deliver such
checks as directed by law, and to that
extent the mandamus is made absolute"