The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1903-04-13
PUBLIC PROPERTY FUND
MAY BE USED BOTH YEARS

MAI De UScU 0UI0 IcAhS
Attorney General Hart rendered an i'm
pOrtant decision last Tuesday upon re-
quest of State Treasurer Park. The point
in question hinged on the construction of
the section of the general appropriation
bill relating to the payment of interest
on the bonded debt. AS the bill was pass
ed at the last session of the legislature, it
seemed to require the collection of taxes
for interest for two years during 1909.
This. Judge Hart holds, was evidently
not the legislative intention
The main point however, is whether
the balance of the public property fund
remaining in the treasury can be used
to pay interest in 1903. only in 1904.
The bill passed provides that it must
be used to pay 1904 interest," there being.
apparently, error in the wording OF
the act. Judge Hart holds that it was
the intention of the Legislature to use
the fund both in 1908 and 1884, that it
can be used to pay this years interest
and that if there is any left it may be
used for paying interest next year.
Judge Harris opinion on the subject
is follows:
April :, 1so5.-Hon. r. e. Park, state
Treasurer, Atlanta. Ga: Dear Sir-l am
in receipt of your request that | construe
section of the appropria ton bill passed
by the last legislature. The section reads
as follows:
BE it further enacted by the author
ity aforesaid That the following sums or
money be and are hereby appropriated
to pay the recognized valid debt of the
state follows: One hundred thousand
dollars on bonds maturing January l.
1903, and one hundred thousand dollars
on bonds maturing January l, 1904, to be
paid out of the sinking fund.
ITO pay the interest maturing in the
year 1908. the sum OF three hundred and
twenty-one thousand. three hundred and
eighty dollars for each of the fiscal years
1903 and 1904.
ITO pay the interest maturing in 1904
the sum of three hundred and sixteen
thousand eight hundred and eighty dol
lars, and the state treasurer is hereby
authorized and required to apply the
fund in the treasury which has arisen
known as the public property fund to
pay the interest on the public debt when
the same natures in accordance with
the appropriations set forth In this para
graph
The confusion in the above section
arises from two sources. IT will be noted
that the legislature appropriated by that
section S21,38o for the year 1904, and
again in another part of said section,
the sum of s31s.ss0 for the same year, as
maturing interest the public debt.
The total of this sum is s6}s26O. appro-
priated to pay the interest on the pub
lie Qeht maturing IN 1871. WINE no SutI
sum is necessary. Three hundred and
sixteen thousand, eight hundred and
eighty dollars is all that is necessary to
pay the maturing interest on the public
debt, and it is fair TO assume that tina {
was all that the legislature intended to
appropriate Why this additional ap-
preparation was made will be considered
in discussing the other element of con-
fusion growing out of this section.
1t will be noted by strict construc-
ton of the section and para graph above
set forth that the legisla ture has placed
itself in the attitude of appropriating
and pledgng the public property fund
TO the payment of the interest on the
public debt falling due in the year 1904,
and 50 far as the interest on the public
debt falling due in 1903 is concerned, the
appropriation is without the pledge. The
question arises. why does the legislature
apply the public property fund now in
the treasury to the payment of interest
In 1904 on the public debt and fails to
make any such pledge of the public prop
erty fund TO the payment Of interest on
the public debt in 1903?
| understand construction Of this
section involves materially the financial
status of the treasury, for the public
prop"rty fund in the treasury is not
sufficient to pay the interest for both
years 1908 and 1904 If the section IS 10
be construed as approprlating the pupllt
property fund to the interest falling due
in 1904 and that interest falling due in
1893 is to be paid out of the treasury gen
eralIy. it will necesstate the borrowing
IF money on the part Of the state and
paying interest thereon. when, in point
Of fact if the section is to he construed
a appropriating the public property fund
far as It went. to the payment of IN
terest for both Of the years 1905 and 1909
the state would not have to borrow
money. If. therefore. the language of The
section does not require the former con
struction. the latter construction Is the
one to adopt as the proper construction
considering the welfare of the state.
do not understand that the interest fall
ing due In 1901 on the public debt matur
ing is any more sacred than the payment
Of the interest falling due on the same
debt in 1906. No reason appears. and none
can be suggested from any point of view
why the state should regard with any
greater solemnity the interest falling due
one year. than the other. | think the
proper construction of the section is tina
the legislature meant to pledge that fund
to-wit the public property fund, to the
payment Of the interest falling due ootf
years. and TO be paid as the debt ma
lures.
The argument in support Of a different
construction OF this section i found II
the last five words, to-wit: Set fortf
in this para gra phi" The physical appear
ance of the section embodied in tbs
act divides the section into two para
raphs In this, the printed section an
fers from the original act passed BY
the legsla ture. l have looked at th'
original act and there the eHtlte app -
-sriation is treated as one paragraph
while in the act printed by the public
printer. he treats it as two para graphs
The act as passed by the legislature,
understand to be the act and the true
law of the case. ! do not understand
that the public printer. by punctuation
Or by para graphing. can make or change
law IT is evident from an inspection
Of the original act now of file in the
secretary OF states office thai the house
OF representatives originally passed tbs
appropriation act relating to the year
1903 and when il reached the senate the
act was amended by adding similar ap-
propriations for the year 1904 making
the appropria tons bill carry the two
years to-wit: 1900 and 1904
have no hesitation. therefore, in hold
ing in the light OF the history Of this
act and after a personal inspection 81
the original act that the Legislature in
tended to appropriate the public prop
ertv fund to the payment Of the interest
falling due in both years 1903 and 1904
and is accordingly advising YOU thai
by the terms Of said act YOU are au-
thorized and required to apply the pub
lie property fund first 10 the interest
falling due in 1903. and what is left to the
interest falling due in 1904. Respectfully
JOHN 9. HART.
Attorney General