The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1901-03-21

q f prisoners, 1881 80
TO pay expenses incurred for
supporting the poor of the
county and as otherwise pre-
scribed by the code, 1892 50
To pay any other lawful chaTg-
es against the county, 2907 SO
OF the total amount assessed as above
the Tax Collector collected and paid to
Treasurer the sum of $2I59l 81 before
January LIST, 1901 all of which, except
ing SOB %, was expended before said
lst day of January, 1901, as follows:
Borrowed money repaid, $101l7 II
Other outstanding debts. 1925 As
Current expenses of the coun-
ty, 6045 Oh
Leaving, on said date, a bal
ance i'll the treasury of only
SOB %, with many other
outstanding claims due and
unraid, 103 %
Thus large proportion of the moneys
raised by said levy have been diverted
from the purposes for which the same
was assessed, and the treasury is left
without sufficient funds with which to
meet the legitimate obligations of the
county for the present year.
The code provides :-"Taxes raised
for educational purposes, or for the
support of the poor, or any other
specific purpose, must be used for such
purpose respectively and none other"
See Title Sixth, Chap. Z, article /, sec
ton 4.
CoURTHoUsE.-The grand jury at the
March adjourned term of 1897 in their
presentments recommended as follows:
1--WE believe that an addition of prob
ably fifty feet should be built to the
east end of the present courthouse
building, thereby making more room
and convenience for the courts. and the
officers and the public
That the vaults should be made new
and enlarged, new roof put on the
building, and the whole building put in
neat and substantial condition about
in accordance with plans, outline plans
and specifications and probable costs as
shown by plans in the hands of the Or
binary, and recommend that the 0rdi-
nary levy tax not to exceed five cents
ON the $1,000 for two years for the
purpose of improvement and building
addition to the courthouse"
The grand jury of the November ad-
journed term of 1897 recommended -
THAT the Ordinary put on an addition
to the present courthouse, including
needed repairs, to cost about $10,00000
as per plans and specifications in his
office"
The grand jury of the March term of
1898 recommended THAT the pro-
posed Improvements and additions TO
the courthouse be constructed as early
as possible in accordance with the gem
eral plans as shown by the architects
drawings in the Ordinary's office, with
the the addition of a furnance and heat
ing apparatus in the basement of said
building for the purpose of heating 1.-THE
same; and further authorize the Ordi-
nary to borrow the necessary funds on
the best terms possible, and to follow
this with an assessment for taxes to re-
place the amount borrowed, as early as
practicable"
The first contract for such work and
repairs was entered into by and be-
tween the Ordinary and G.. +. Hender-
son. By the terms of this contract the
work of repairing and adding to the old
courthouse, conformably with the plans
and specifications in the office of the
Ordinary, was to be completed by July
L % L
contract was subsequently changed in
several particulars, and the contract
price increased to $21 1861
In addition to this amount 81, lis 60
was paid for heating apparatus, and the
architect was paid the further sum of
$1,000 making the total cost of the
building. as it now stands. 1874 ,228 SO.
Between September lst, 1899, and
August 18th, 1900, the Ordinary Dor
rowed, at various times. certain sums
of money, amounting in all to 1000,
for the purpose iOf making payments
upon the courthouse.
The supreme court says: There are
two ways in which funds may be raised
by the county authorities for the cree.
ton of public buildings: one is by tax
alton, the other by creating a debt au-
thorized by popular vote, as required
by the constitution" (See 80 Georgia
Rep. page 804, etc.
The Ordinary, therefore, exceeded
his authority, both in borrowing money
for the building of such courthouse. and
in repaying it with funds assessed for
other purposes. We also find it has
been the custom of the Ordinary to let
contracts for public works without let
ting them to the lowest bidders as re-
quired by law.
C).ERS AND TREASURER.
We find, upon examination of the
Treasurer's books, that he has charged
commissions of one and one-fourth per
cent. on balance carried over from year
to year, amounting: in aggregate to
500, 74433. As he hasFalready taken
his commissions upon all sums of money
coming into his hands, his again taking
such commissions upon balances carried
over, was contrary to law. The COM
missions upon such balances of $780,
744.33 at IA per cent, with interest to
January LIST, 1901, amount to $l,175.25
We also find, from the books of the
Treasurer, and the minutes of the court,
that the Treasurer has apparently paid
to Jurors and bailiffs within the last ten
years, the sum of 81 1852 90 in excess of
what he actually paid them; this
amount, therefore, was wrongfully
credited to the Treasurer.
We also find that that the following
amounts have been paid to the Treas