Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1910-07-09
FINDS CITY is LIABLE
FOR CLAIM OF $4,000
Legally Bound to Support
Carnegie Library.
Provided Law of Ap-
preparation is Con-
stitutional.

| The following is the report made by
the city attorney, to whom was re-
ferred the duty of making a thorough
| investigation as to the status Of
the Carnegie Library with reference
to the city's liability and official con
nection with it.
AS will be seen, the city attorney
| holds that the municipality is legally
liable for the $4,000 a year it con-
tracted to appropriate for the main
tenance of the library, provided tive
state law giving municipalities the
right to make such appropriations and
enter into such contracts is constitu-
tional.
This point has never yet been rails
ed and carried to the Supreme court,
all of the cities that entered into
agreements with Mr.. Carnegie having
carried out their promise and their
citizens supporting the local govern
ments in all steps taken to maintain
the public libraries:
To the Hon. Mayor and City Council
of Amercus-in re. Carnegie Lii
brary.
Gentlemen; I find that the matter
of the Carnegie Library was referred
to the Purchasing committee of this
body on April 10th, 1903. The resoll-
ton was passed May 21st, 1908, ap-
propriating for the maintenance OF
the Carnegie Library a sum not to
exceed 100000 per year for ten
years, and that on June 4th, 1908, Al
derman Allen called attention to let
ter received from the secretary to
Mr. Carnegie relatives to the library
proposition On motion, the resolu-
ton above referred to was amended
by striking out the ten years. After
the amendment was adopted, the res
olution appropriated 100000 per year
for the maintenance of the library
without any time limit. The commit
tee was requested to re-draft the res
olution, but | find no record of re-
draft of the same. On August 2Oth,
1908. Hon. Crawford Wheatley re
quested that two members be elected
by the Mayor and City council to act
with the old Carnegie Library Board
of Directors. Pursuant to this re-
quest, Messrs. J. e. Mathis and Lee
Allen were elected for this purpose.
1t is claimed by the Board of Direc-
tors of the Carnegie Library Associa-
ton that all the members of said
board resigned their positions and re-
ouested that the Mayor and City Coun-
ell elect a Board of Directors for
said Association. I have not seen
this original resolution, but have seen
a carbon copy of same in the possess
sion Of Hon. e. A. Hawkins, who was
mayor of Americus at that time. Said
resolution dated October 29th, 1909
I further find that a petition to re-
vive and change the name Of the
Americus Library Association was filed
June 25th, 1908, and granted by z. A.
Litleiohn, Judge of the Superior Court
of this county, on July 25th, 1908,
this order of the court simply revives
the old charter, changes its name, and
the title to the real estate on which
said Carnegie Library now stands is
in this corporation, to-wit: The Car
negie Library Association. There has
been no deed from anybody convey
ing that property.
Assuming that the act of the legis-
lature of 1901, as amended by the acts
of 1904, giving the right to municipal
titles to make appropriations for the
support and maintenance of public
Libraries is constitutional, the Mayer
and City Council of Americus having
passed a resolution appropriating
money for the support of said Car
negie Library is legally bound by
said resolution.
Respectfully submitted this first
day of July, 1910.
w. T. LANE, City Attorney.