Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1901-12-23
PARK CASE IS
HELD Up BY
COURT
SUPREME COURT ADJoURNs BE-
FORE MAKING A DECISION.
PARK WILL PAY IN
TEREST.

The supreme court heard argument
Friday In the case. OF r. 4. Park. as
state treasurer. VS.. Allen d. Gambler. as
governor. The case involves the appro-
priation Of 81. 50 OF the public property
fund TO the payment OF the interest on
thu public debt brought about by the
Howell resolution passed BY the legisla-
turs applying the money 70 the payment
Of interest provided the resolution was aeTT
clared constitutional by the supreme court.
The SOFT was instigated under the direc-
ton OF the legislature otherwise Treas
urer Park would have used the money
without any suit The. case was heard
bafore Judge John 5. Gambler several
DAYS ago. and he decided with the state
which declsion was that the Howell reso-
tuition was. constitutional and that the
money could be used for the payment OF
the interest On the public debt.
Under the resolution Treasurer PARK
,raa compelled 70 appeal the case 70 tho
hiwhsr tribunal. and by special request
OF Governor Gambler and the power OF the
state 70 advance its own cases ON the
calendar of the courts the supreme court
set the case for hearing today.
OrviIle A. Park, a prominent young at
torney from Macon and a nephew OF
State Treasurer Park, made the opening
argument. He contended that the using
on the money was entirely unconsutu-
ffouaI. as the constitution expressly pro-
vfded that the public property fund
should be used for the payment OF the
public debt and for no other purpose. he
held that the interest on the public debt
was not a part OF the public debt In this
nsnse. and further that the constitution
distinctly said money for the payment OF
tha interest on the debt should be raised
By taxation and that the money for the
PAYMENT OF the interest for next year had
already been raised
Attorney General Terrell followed Mr.
Park for the state
His main contention was:
The admitted value OF the Western and
Atlantic railroad IS $1,000. 900 and OF the
euufty An the Northeastern railroad $lO1s-
o0o. making over Ho.loo.oo.
The principal OF the public debt is APP
proximately N.7oo.ooo
directs the governor TO contract with the
banks appointed hereunder for the pay
meut OF interest upon the states money
deposited with them and by virtue OF this
authority the governor has contracted for
the payment OF interest TO the state at
the rate Of 2 per cent per annum on
such money.
tory upon the general assembly TO raise
By taxation each year 10000 for the
sinking fund
Therefore should the general assembly
sen the Western and Atlantic railroad
and collect the balance due on the North
eastern sale now or at any time IN the
future. every dollar OF the principal and
OF the interest as Il natures OF the public
debt could be paid from such sales and
balance be left such being the case, the
general assembly should be allowed TO
direct the application OF this fund now In
the treasury.
Former Chief Justice Logan E. Bleck-
ley spoke after Attorney General Terrell.
he held that debt was literally a creation
as TO the principal. and a growth as TO
the interest He said debt had no ex-
istence az the beginning except the prin-
cipaL as that Il was a growth springing
from the contract as 20 interest He COM
pared the money owed by the state TO so
many bears which were devouring the
peopls and raising havoc. and said II the
public property fund was used, the peo-
pie would have nothing with which 10
KIN the parent bear. but would be forced
70 kill cubs all the time. he advanced
the idea that the constitution meant that
whenever any public property was sold
the proceeds should be applied at once
70 the payment Of the bonded debt and
that Il did not intend that the money
should be held as Il is being held. He
said BY paying the interest the debt was
not being paid as the constitution con-
templated, for that instrument had pro-
vided for the payment OF the interest.
No decision In the Park mandamus suit
WIN be forthcoming until 1907. The SUI
preme court after hearing the argument
IN the case yesterday adjourned until
January ?. and no more cases viii be Ia
ken up or considered until that time.
The justices win leave this afternoon for
the Christmas vacations. and win not re-
turn within the next ten days. AS a re-
suit the case viii wait over until the Jus
tees get hack 20 Atlanta. II is probable
that decision would have been made to-
day but the court. so Il is said. differed
as 20 the law. and for that reason no
agreement could be reached.
The action OF the court In declining to
allow Hon. Joe Hill Hall. ex-representa-
tive IN the legislature from the county OF
Bib, was but natural. Mr.. Hal. had
no connection with the suit. and his name
did not appear either on the briefs sub.
mitted or on the court docket and for
that reason IL was not within the iurisdic-
ton % the court 10 allow him 20 speak.
Mr.. Hall seemed very much disappoint-
ed. and told his points IN the case 70 sew
erai friends after the adjournment
Treasurer Park VIII Pay.
Treasurer Park viii forward TO New
York next Tuesday SIS co. This money
Is 20 Fay the interest on the bonded debt.
and % retire 10000 worth OF bonds
Treasurer Park has the necessary amount
IN the treasury, and the financial condi-
tIon Of the state viii not be very greatly
affected.