The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1901-05-30
RESTS With COURT
Georgia Public Property Fund
Case Argued Before Justices. .
GREAT ARRAY OF LEGAL TALENT
Contention In All Its Phases Exhaus.
lively Presented and Re.
suit Is Awaited With
Great Interest.

The appeal brought by State Treas
urer Park from the decision rendered
by Judge John S. Gambler upon the
mandamus proceeding of the governor
Of Georgia requiring him to pay the
state school teachers warrants out OF
funds now in the treasury was taken
I'D by the supreme court of the state
at Atlanta Thursday morning with a
full bench sitting.
The court room was crowded when
the argument began at 9 O'Clock
Many of the capitol officials were
present. also a number of distin
guished lawyers.
There appeared before the court in
behalf Of Treasurer Park Hon. Wash
ineton Dessau, Hon. Dupont Guerry
and Orville A. Park, Of Macon; Judge
George A. Hillyer, Of Atlanta, and ex-
Chief Justice Logan E. Bleckley, OF
Clarksville. Judge Bleckley submit
ted written argument, but made no
speech before the court. Occasionally
he offered suggestion to Mr.. Query
while the latter was making his argu-
ment
The state was represented by Attor-
ney General J. M. Terrell, who went
thoroughly and exhaustiyely into his
side of the case.
The general hope is expressed
throughout the state that in deciding
the case the supreme court will pass
uron every issue involved; that 1t
will decide the main constitutional
point in connection with the public
property fund, so that it will be set
tied for all time to come. AS Treasur-
er Park put it, the people want mo
avoidance, evasion or lodging" but
settlement Of the whole question.
The attorneys on beth sides in their
arguments urged thc court to settle
the case from beginning to end, so
that it may be forever known whether
or not the public property fund may
be employed as is desired, or must be
kept intact in the treasury.
Mr.. Dessau opened his argument
for the defense by stating the case
generally, and then took the PROPOSE
ton that the treasurer was merely
ministerial officer and should obey
the law as he found it without rails
ing any constitutional objections.
"The treasurer says, I have no
funds with which to pay these war
rants,'" Mr.. Dessau said. THAT state
ment is not disproven and it is not
denied. But the governor says, You
have the funds, the public property
fund; you can pay these warrants
from that The treasurer says he can
not do that as he is forbidden to do so
by solemn convention-the constitu'
ton Of the state"
Attorney General Terrell began
his argument Immediately after Mr..
Dessau concluded. He opened by say
ing that it was Ben Johnson who said
that: 1T is unjust to condemn any
one for multiplying words, for multi
plying is sometimes necessary
To-day If Ben Johnson were here"
said Mr.. Terrell, 'tand could see my
friends, would he not paraphrase his
words by saying, 1T is unjust to con-
denim litigants for multiplying coun-
sci, for sometimes it is necessary to
multiply"
Mr.. Terrell proceeded then upon ar
gument Of the first question involved,
namely, whether the treasurer Is
ministerial or a judicial officer.
He said that the constitution pro-
vides for the election of treasurer,
but nowhere defines his duties.
His duties are defined by iegisla'
tion," said Mr.. Terrell.
The attorney general cited sections
of the code wherein it is provided how
the treasurer shall pay out money. He
said that it can be paid out upon war
rants issued from the executive de-
partment and properly countersigned
by the comptroller.
Mr.. Guerry had the concluding argu-
ment, and said it was important to
the people of Georgia that the consti-
tutional question at issue should be
determined, because it involved a
large sum Of money and future legis-
lation. Unfortunately, however, he
said the distinguished attorney gen.
eral had devoted about 1ve-sixths OF
his time to argument that seemed In
tended to defeat the very end sought.
He had devoted most Of his argu-
ment, Mr.. Guerry said, to endeavoring
to show that the treasurer had no
right to raise the issues which were
now sought to be decided. Mr.. Guer-
ry said he hoped, however, the court
would go to the extent Of its constitu'
tional power in deciding all the I'M
portant issues involved.