Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-09-03
NO PURCHASE OF
TERMINALS NOW
No Money Available for Paying
for Land in Chattanooga fer
Use of the Western and At
lantic Railroad

According to an opinion handed down
by Atty.-Gen. John C. Hart Thursday
morning the purchase of the II liz acres
of land in Chattanooga to be used for
] terminal purposes for the Western and
Atlantic railroad will have to be delayed
| until the next session of the general as
sembly, as there is no money In the state
treasury now available for payment for
the land. ~
The options on the Chattanooga prop
| erty expire September g.
GOVERNOR BROWNS LETTER.
Following is the correspondence that
passed between Governor Brown and At
torney General Hart:
September 2 1904.
Hon. John c. Hart, Attorney General.
Atlanta, Ga. 4et
Dear Sir: The legislature at it's last ses-
! sion by resolution directed me as g3v-
ernor, upon the condition therein named,
TO pay $4,000 out of the treasury for the
purchase of some vacant land near Chat
Itanooga in the state of Tennessee for
increasing the facilities of the Western
and Atlantic railroad" The purpose Of
the purchase is to use this land as .
! switch yard should the state desire TO do
so at the termination OF its present lease.
ten years hence. I am anxious to COM
ply with the instructions of the Legislators
| II there are any funds in the treasury
available for that purpose. My inforna-
ton is that there is at present In the
treasury the sum OF approximately &c.,
OOO.
The legislature OF 1913 appropriated
! s. $50, 900 for the common schools OF this
state for the year 1903. The state is short
nearly 100000 in meeting this appro-
priation.
Under this statement of fact would
be authorized to draw my warrant and
would the treasurer have authority to
pay this $4,000 for the purchase OF this
vacant land. which we may possibly reed
for railroad purposes ten years hencas
Yours very truly.
JOSEPH NJ. BROWN
Governor.
September 2. 1909
Gov. Joseph NJ. Brown, State CAPITOL.
Atlanta. Ca:
Dear Sir: / beg TO acknowledge your
| letter of the 1st instant in which you ask
] If the money now in the treasury of the
state OF Georgia is available. under the
resolution of the general assembly recent
, ly adjourned, for the purchase of Land
| lying outside of the city OF Chattanooga.
Tenn. to be used as a switch yard IN the
! future operation of the westerns and At
\ lantic railroad. You state IN your letter
there is at present in the treasury APP
proximately $4,000 and that the state
! Is already short s., 900 600 In meeting the
appropriation made by the Legislature nf
1913, for the support and msintenance
of the common schools Of the state fot
the year 1909
The legal question involved is: May the
| legislature of 1909 divert money which had
been appropriated by the legislature OF
1908 and on the faith Of the appropriation
the school teachers of the. state entered
into contracts with. the boards Of educa-
ton Of the counties Of ne state and
actually performed the service OF teach
ing of the state? The money now re.
manning In the treasury was raised by
special tax levy and for the support Of
the common schools Of the state. See
acts Of the general assembly of Georgia
1907, p. Is. The teachers of the state
have performed the service upon the faith
of that promise that It would be paid
them for their services. The teachers
have executed their part Of this contract
and the state now owes them the money
which it had pledged would be paid them
For a subsequent legislature to divert
the money and apply IL to a difrerent pur-
pose from that for which it was raised
by taxation and pledged by the state,
amounts substantially to the impairment
of contract, which is forbidden both by
the constitution Of this state and OF the
United States.
In view of these conditions there is al
present no money in the treasury which
could legally be used for the purchase Of
the land in question.
I beg to remain.
Yours very truly,
JOHN c. HART,
Attorney General