The Savannah morning news., 1902-01-05
CAN USE PUBLIC FUND
SUPREME COURT DECIDES IN FA-
VOR OF STATE.
BIG RELIEF TO FINANCES.
INTEREST PART OF BONDED DEBT
SAID MAJORITY.

This Practically Adds 1925 800 to
the States Resources and Means
That the Treasury VIII Have
Money Enough to Get Through
the Year by Careful Management.
Pensioners, school Teachers and
Military VIII Get Their ApprOpri-
ations-There Was "A Division of
Opinion i'm the Court.
Atlanta. Jan. 4.-The Supreme Court
TODAY decided that the Howell reso-
luton, which provides that the interest
on the bonded debt for 1902. amounting
to $685., 300, shall be paid out of the pub
lie property fund.- was constitutional
and legal, and the state treasurer is
directed under the resolution and in
conformity with the order of the lower
court to transfer the fund as the res
olution provides.
The opinion of the majority of the
court was written by Justice Little and
Chief Justice Simmons, Justice Lump
kns and Justice Lewis decided with
him, while Judge Fish joined in the dis
senting opinion which was written by
Justice Cobb. The head notes to the
majority opinion are as follows:
THE mandate of the constitution, en-
braced in that paragraph thereof.
which declares that the proceeds aris-
ing from the sale of the public prop
erty owned by the state, shall be APP
piled to the payment of the bonded
debt of the state, and used for no other
purpose whatever, is fully met when
such proceeds are devoted to the pay
ment of the interest on the public debt
because the interest contracted to be
paid in as much part of that debt as
the principal named in the bond"
The majority of the court, as will
appear. held that there was only one
question involved in the suit, and that
is whether the interest is a part of
the bonded debt The decision clearly
states that the court so regards the
interest.
The minority of the court held that
the constitution should be construed
by the context, and that where words
have a clear meaning in one place, they
should be given that meaning through
out. They held that the words Bond
ed debt" are popularity understood to
mean the principal of the bonded debt,
and should be SO construed in the con-
stitution. They stated that the con-
stitution provided a. scheme of finance,
and that any legislation looking to a
deviation from it was unconstitutional
and Illegal.
The very fact that the Legislature
called on the courts to settle this ques-
ton, created a presumption against
its conStitutionality. Any doubt about
the constitutionality of a measure, it
is held should at once lead to it's re-
lection. These are the main points in
the head notes of the minority decis-
ion, which is march longer document
than the decision of the majority.
Gov. Condler has called on Treasurer
Park and Controller General Wright
for a statement showing the amount
of money the state has on hand and
what il will received by Oct l.
He also asked for statements show
ing what money would have to be paid
out. Il cannot tell exactly where we
will stand Gov. Gambler said. until
l get these statements. Even with
1926, 500 more available we will not
have enough money to wipe out the
deficit and pay all expenses promptly
but it can be so nearly done that there
will be little difficulty in arranging for
anything that falls short. l regard the
decision as a proper one. l took the
stand at the start that this could be
done and believed the court would so
decide"
The resolution was introduced by
Senator Clark Howell after the Bla-
lock resolution had been defeated by
the House. and when it was appar~
ent that it would again go down in
defeat after reconsideration. The ex-
pectation proved true and with hard
work the Howell resolution was made
to save the day.
by the Supreme Courts decision,
the states finances are greatly re-
lieved. 1t will be possible now to pay
all pensions due this year. and the
military will get their $4,000. Should
more money be needed to pay the school
teachers, the Governor still has au-
thority to borrow 100000, and will see
that they do not suffer