The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-06-13
PARK WINS THE DAY
SUPREME COURT sUsTAINs HIM ON
EVERY POINT.
SWEEPING DECISION.
MEANS THAT STATE NOW FACES
HEAVY DEFICIT.

Bond Fund Cannot BE Used for Other
Purposes-Tcnchers Must Wait I'm
ill December for Their Pay ana
New Class of widows VIII Get No
| Pensions This Year-Besides Money
Previously Taken From the Bond
| Fund Must lie Returned-This
Means nn Actual Deficit of S600,OO0
for the stnte-Gov. Gambler Is mt
| Sea.
! Atlanta. Ga June 12-The Supreme
| Court to-day rendered a decision sustain
ing the position of State Treasurer r. e.
Park in refusing to pay the school teach
ers of the state out of the public property
fund which the constitution declares must
be used only for the payment of the bond
ed debt. The state treasurer's contentious
| were sustained In every point passed on
| by the court. 1t was held that he could
not use the money, even temporarily, un-
der the constitution for the purpose of
paying the teachers, 1t was also held
that the 100000 derived from the sale Of
| the Northeastern Railroad, though that
/
adoption of the constitution, is part of
the public property fund.- and must be 50
treated.
The decision was rendered by Justice A.
j. Cobb, and all but one of the justices
concurred.
Justice II. T. Lewis rendered a dis
senting opinion as to the fund derived
| fa
that the treasurer should have paid war;
rants drawn by the Governor without
raising any question of constitutlonality
The Most Important In Years.
The decision is perhaps the most inn
portant that has been rendered by the
Supreme Court in many years. 1t means
that the teachers OF the state must all
walt until next December for their pay,
unless the state can borrow the money
1t means that the new class of widow
pensionists, created by the last Legisla-
ture, Will not get a penny of pension
money this year. 1t means that the state
is confronted by an actual deficit Of $780,
600, which amount is made up of 5000, ,00o
due the teachers $4,000 to Sl75, COO needed
|
more than S112OO0 derived from the sale
of public property between 1878 and 1890.
which was expended for general purposes,
and which must now be credited to public
property fund and secured by taxation 1t
means. according to the statement Of
counsel for Col Park, that the public
property fund must be withdrawn from
| ha gfafn ..rs,a.
lose the interest. amounting to 5000
year should this have to be done
The next Legislature win probably be
asked to pass bill appropriating the pub
lie property fund 10 the payment of in
terest on bonds, which is one way out
| of the dilemma. If this be DONE il is be-
lieved Treasurer Park would refuse to
use the fund in this manner and the
question would again have to go to the
Supreme Court.
A constitutional convention, it Is said
could not change the section Of the con-
stitution in question. because it Is a con-
tract between the state and the bond
holders, and such change would be
against the constitution of the United
| States.
VIII Borrow $20G,O0J.
Gov. Gambler said to-day he aId nor
| know how he would manage to get money
enough to pay the running expenses Of
| the state. He will have to borrow 500 O00
| but there Is not enough money now in
the treasury to pay the July interest Of
| $4,000 and part of the money borrowed
will have to be used for that purpose
| Il cannot tell what | will do" the Gov
/ / Of
to the condition of the treasury from the
| Treasurer. / have asked him to give 1t
to me by Friday. / am In hopes that
will be able to pay part of the teachers
salaries. but even that is In doubt
have nothing to say about the decision,
| except that the Supreme Court knows
| more about 1t than | do, and that must
be the law"
The officials at the Capitol generally
were dumbfounded over the decision All.
with one or two EXCEPTIONS had expected
the court would sustain the Attorney Cen
eral
state School Commissioner Glenn says
| IL is great blow to the public school
system, and 1t is believed some other plan
to provide for the schools will have 10
| be made.
The Meat of the Decision.
The pith of the decision is in the fol-
| lowing, namely, that under the constitu-
| ton of the state, the proceeds OF the
sale of the Western and Atlantic. Ma
con and Brunswick, and other railroads
he'd by the state, whenever the general
assembly shall authorize the sale of the
whole, or any part, shall be applied To
the payment of the bonded debt, and shall
| not be used for any other purpose what
ever so long as the state has an existing
bonded debt and no part OF the funds
/ derived from sources therein can be law
fully expended in payment of any o5li-
cation due by the state other than the
| bonded debt or portion thereof" As al
ready stated the money drawn from the
sale OF the Northeastern road cannot be
divested from the public property fund
even temporarily.