The Montgomery advertiser., 1908-11-08

l act of Congress. The amount of in
 terest, the Attorney General holds due to the school authorities amounts to
 something over ss.00o at the present
 time. and the amount due the school by the State every year will be
 something like s3.0o0.
 Legislatures since the sale of the lands granted to the school by Con- gress. have passed several conflicting
 acts relating to interest on the amount received from the sale of
 these lands. and as to the disposal of the capital amount itself The opin- ion handed down by the Attorney Gen eral yesterday afternoon Is in reply to
 communication received from q the
 State Auditor. Hon. W. " Brandon.
 requesting authority to issue a war
 rant for the interest amount to the treasurer of the school.
 The opinion of the Attorney General follows:
 November 2. 1908.
 Hon. Wm. ". Brandon.
 State Auditor.
 Montgomery. Alabema.
 Dear Sir:
 In reply to your communication re- questiug me to advise you wh ethe you have authority under Section 1882 of the Code of 1907 to issue your war rant to the treasurer of the Girls In- dustrfal School for the accumulated interest due to June 3e. 1908. on the funds realized from the sale of lands granted by Congress under the con gressional act of February IS, 1899. to said school and whether this claim Is a legal one against the State of Ala bama. beg to advise you as follows:
 Under said Section 1892 of the Code of 1907. which is a codif1cation of the act of February 2S. 1907 General acts of Alabama. page 3S3) 1t appears to be the manifest intention and purpose of the State to execute in good faith the trust reposed in 1t by Congress when granting the lands to the State for the benefit of said school It further ap- pears that 1t was the purpose and in- tention of the Act of Congress and also the act of Feb. IT. 1899 General Acts iS9S-9, page 222) whose provisions un- dertook to carry into effect the Con gressional act above mentioned. then pending as a bill before Congress, that the proceeds. of the lands so granted. when sold or leased, should forever re- main fund for the use of said school. The Act of December 10. 1900 tActs 'iSeO-1. page 24I) again expressed the intention of the State in this regard. Subsequently the Act of September &Ut A0Vo NNChCf1i <ACbS 4OOOt @ofJ appropriated fifty thousand dollars to this school for building purposes with the avowed intention and the declared condition that the said appropriation should be a, payment or refunding of the funds realized from the sale of the lands so granted by Congress and that no interest should be hereafter paid. on the. said sum. thus appropriat- ed. here quote Section 257 of the Constitution of Alabama of 1901. which was Section 2 of Article 3 of the Con- stitution of 1875:
 The principal of all funds arising from the sale or other disposition of lands or other property. which has been or. may hereaftersbe granted or entrusted to this state or given by the United States for educational purposes shall be preserved inviolate and un- and the income arising therefrom shall be faithfully applied to the specific object of the original grants or appropriations"
 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 provisions of the Constitution of Ala oama just quoted, it is my opinion that the act of September Is. 1903. in.so far as 1t attempted to appropriate for building purposes any part of the prin- cipal of the funds realized from the sale 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 Congress and In conflict with the Consultation of Alabama. is invalid. Tn my judgment, this act clearly violates the trust so reposed fin the State bys=-the act of Congress as well as the constitutional provision contained in Section 267, of | he Constitution of Alabama.
 Therefore. you are authorized under | he law to issue your warrant on the | State Treasurer in favor of the treas | arer of the Girls Industrial School. | lpon the order of the president of | he said school, for the accumulated | interest at the rate of 6 per cent per | lnnum on the whole amount of the | 'und heretofore realized and paid in- 0 the State Treasury from the, sale of |