The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-11-08
The Opinion In Full.

November Z, 1908.
Hon. William w. Brandon, State Auditor,
Montgomery, Ala.
Dear Sir-In reply to your communica-
ton requesting me to advise you whether
you have authority under section 1882
Of the code of 1907 to issue your war
rant to the treasurer of the Girls In
dustrial school for the accumulated in
terest due to June 80, 1908, on the funds
realized from the sale of lands granted by
Congress under the congressional act of
February Is, 1899, to said school, and
whether this claim is legal one against
the state of Alabama, l beg to advise
you as follows:
Under said section 1882 of the code Of
1907 which Is a codification of the act
of February %, 1907 General Acts of
Alabama, page 23S), it appears to be the
manifest intention and purpose of the
state to execute in good faith the trust
reposed in it by Congress when grant
ing the lands to the state for the BEN
eft of said school. 1t further appears
that it was the purpose and intention of
the act of Congress and also of the act
of February II, 1899 General Acts, 1889,
page 222), whose provisions undertook to
carry into effect the congressional act
above mentioned, then pending as a bill
before Congress, that the proceeds of
the lands so granted, when sold or leased,
should forever remain fund for the
use of said school. The act of De-
cember 10, 1900 (Acts 1901, page 241),
again expressed the intention of the
state in this regard. Subsequently the act
of September 16, 1902 General Actf ;. !,
page 23O, appropriated $50, 200 to this
school for building purposes with the
avowed intention and the declared con-
dition that the said appropriation should
ha rafn Of 10 de
realized from the sale of the lands so
granted by Congress and that no in
terest should be hereafter paid on tho
said sum thus appropriated. | here quote
section 257 of the constitution of Ala
bama of 1901, which was section ? of
article of the constitution of 1857:
The principal of all funds arising from
the sale other disposition of lands or
other property, which has been or may
hereafter be granted or entrusted to this
state or given by the United States for
educational purposes shall be preserved
inviolate and undiminished, and the in
come arising therefrom shall be faith
fully applied to the specific object of the
original grants or appropriations"
l now submit my conclusions:
In view of the trust reposed in the
state of Alabama by the said act of
Congress of the expressed purpose of the
legislature of Alabama and of the pro-
vision of the constitution of Alabama
Just quoted it is my opinion that the act
of September &c. 1908, in so far as it at
tempted to appropriate for building pur-
poses any part of the principal of the
funds realized from the sale of or other
disposition of lands granted as set out
above by the act of Congress for the
use of the said Industrial School for
Girls, being in conflict with the terms of
the trust reposed in the state by Con-
gress and in conflict with the constitu-
ton of Alabama, is invalid. In my judg-
ment this act clearly violates the trust
so reposed in the state by the act of
Congress as we'll as the constitutional
provision contained in section 257 of the
constitution of Alabama.
Therefore you are authorized under the
law to issue your warrant on the state
treasurer in favor of the treasurer of the
Girls Industrial school, upon the order
of the president of the said school, for
the accumulated interest at the rate of
per cent per annum on the whole amount
of the fund heretofore realized and paid
into the state treasury from the sale
of lands so granted by the said act of
Congress to said school,
1t follows, of course. that the claim
which is submitted with your letter,
purporting to be a statement of this ac-
cumulatel interest, is a legal charge
against the state under section 1892 of the
code. You should, however Investigate
and determine for yourself the correct
ness of the facts and figures upon which
the claim is based I return to you the
papers enclosed to me referring to this
matter
The validity of the said act of Septem-
Der 16. 1908. not being questioned, was
not, therefore considered in my opinion
| to you on this subject OF date March
81, 1907. This ruling is a modification Of
| that opinion. | remain yours very truly,
ALEXANDER M. CARRIER,
| Attorney General
Supreme Court.
The Alabama supreme court will as
senble on Monday though the court will
not sit until Tuesday. as is the usual