The Savannah morning news., 1901-04-21
THE TEACHERS MUST WAIT.
SUPREME COURT TO BE CALLED ON
FOR DECISION.

Gov. CnndIer Has Not borrowed
Money to Pay Them and VIII Not
no So Until Present Issue Is De-
cided-Trcasurer Park Has For
maIly Refused to Honor Commits
xioner GIenn's Warrants and
NIaudamus Proceedings Will BE
Begun at Once.
Atlanta. Ca. April 2O.-Active prepare
tions were begun at the Capitol TINS
morning for bringing mandamus proceed
ines against State Treasurer R. E. Park
to compel him to show cause why ne
should not borrow from the public proper
ty fund for the purpose of paying the
school teachers of the state.
AN Of the warrants so far drawn were
presented at the treasury by State Schooi
Commissioner c. r. Glenn, and payment
was formally refused by the treasurer
who said he had only ST. available and
was ready to pay out that amount put
no more. He submitted a statement to
Commissioner Glenn showing that he mad
already paid out of the general fund in
the treasury this year for schools some
$4,000 more than had been collected for
school purposes. The State School Com
missioner notified the Governor of the
treasurer's refusal, and the latter at
once instructed the Attorney General to
prepare the mandamus petition.
Attorney General Terrell said to-day
that he would have his petition ready to
be filed on Tuesday. The case Will be ar
gued before Judge Lumpkn the week
all nd will at once
TO the Supreme Court. The
Supreme Court will hear the
case on May 20 and the Attorney Cen
eral expects to get a decision from that
tribunal by June l. at latest
Gov. Gambler said to-day that he could
not borrow 100000 TO pay teachers now'
because it cannot be shown that cas-
ual deficiency exists, and it will not be
shown until after the Supreme Count acts.
If the Supreme Court decides with the
State Treasurer, then there will be a cas-
ual deficiency, but if it does not there will
be none. The constitution only permits
the Governor to borrow to meet cas-
ual deficiency, so that in any event the
teachers will have to wait until after
June ! for their money
Il am not making any hght on the
teachers" said State Treasurer Park to-
day, Some have tried to create that
justice. I am doing my duty as l see it
under the constitution. II the public
property fund, which the constitution says
must be used to pay the bonded debt
were the only money in the treasury, /
would not touch it, even to pay the sal
airy of the Governor or the justices of the
Supreme Court or for any other purpose
1 consider that l am prohibited from do
ing So and have eminent legal opinion to
-. hot
The state treasurer has given out the
opinion of ex-Chief Justice Logan b.
Buckley of the Supreme Court. Judge
Buckley says that paying out this mon
ey to the school teachers would be using
it, and would be ''using it up" which he
asserts the constitution strictly prohib-
it's
In conclusion he says: II should be
panied by self-dstrust If l differed wish
the Attorney General on a question Of
real difficulty or doubt, but in this in
stance, there being, as / conceive, no
room for any question at all, l differ with
him with great pleasure, as much pleas
ure as respect. And, l will add that my
pleasure and respect would go equally
together We're 10 hear of his election to
the chief magistracy OF the state. But.
if I agreed with him now, l should be
gravely apprehensive that age and brief
collegiate education had made a wreck
of my intelligence"
Judge Bleckley will represent Treasurer
Park in the Supreme Court.