The Birmingham age-herald., 1909-02-12
VARDAMAN STILL
 HOLDS THE MONEY Opinion of Attorney General Is
 Given on Subject MATTER IS NOT YET CLEAR Another Meeting Will Be Held By the Battleship Commission, at Which
 Time All the Disputed Mat
 ters Will Be Settled,

Jackson Miss, February 11.--tSpe- cial. )=At a meeting last week of the commission named by the legislature of 1908 and charged with the duty of se- curing funds for the purchase of d sill yer service for the battleshlp Missis- slppi a demand was made on ex-Gov- ernor Vardaman for the s1704so paid to him for this purpose during his ad- ministration, but he declined to turn 1t over row occurred between the ex- governor and Dr. Dunbar Rowland, who offered a resolution calling for the money and they almost came to blows. After that another resolution called on the attorney general of the state for his official opinion as to whether or not the ex-governor was legally bound to turn over the money he had collected, and that opinion has just been ron dered.
 After reciting the fact that he had re- ceived such request for an opinion on the subject, and quoting the joint reso- lution adopted by the legislature creat- ing the commission and defining its duties, the attorney general says:
 By this resolution appointing a com mission, or committee. to solicit funds and urging the people of the state to donate funds for the purpose named. the state assumed the position of trus- tee of the public fund to be held In trust by its representatives and agents for the purpose named, State vs. R. B. & N. Railroad company, 51 Miss 361 ss So. Rep. 12o; 1s7 Ala. 3s2; Reese vs. Board of Supervisors. 4s Miss. Ss.
 "The gentlemen named in the act of 1908. above referred to. were the agents and representatives of the state of Mississippi appointed by the legisla- ture for the purpose of executing this trust. It is, perhaps, true, that the state of Mississippi cannot be compelled by legal proceedings to devote the funds collected to the purpose named but as said in 51 Miss, 361 supra, the state is under moral obligation to con form to the terms and conditions of the trust.
 "I am not informed whether the funds now held by exGovernor Vardaman were collected by him, or rendered to him, as governor of the state of Missis- sippi, as the result of a proclamation issued by him as chief executive. or were collections made by him and con tributions given to him in his private capacity by citizens of the state.
 "If paid to him as the result of proclamation issued by him as chief executive of the state, calling upon the people to contribute, then I think tho funds should have been by his turned over to his successor in office. If paid to ex-Governor Vardaman individually and as e private citizen, then he was under no obligation to account there for to the commission or dispose of the funds as the commission might dictate unless he recognized the auth ority of the legislature to control such funds. The resolution directs that all funds collected be added to the funds already collected for the purpose of purchasing the silver service. One accepting ap- pointment under said resolution of the legislature. acting as member of said commission, taking part in its proceed by the legal orders and resolutions passed by a majority of the commi ission st meetings held. upon due notice and when a quorum was present"
 The attorney general thinks it the duty of all persons acting in a repre- sentative capacity to deposit funds, if deposited at all. to their credit in a representative capacity, and the same applies to the members of this commis sion, and he does not think the com mission is auth orized to exceed the amount 1t has on hand deposited to the credit of the commission"