The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1910-02-02
THORNTON MUST
REFUND MONEY,
SAYS D :C|S|ON
EX-TREASURER LAMB ENTITLED
TO FEES DECIDED THE
COUNTY ATTORNEY.
Matter, which Has Been Pendina for
Some Time, Finally Settled Yester.
oay-Treasurer Thornton Says He
viii Pay the Amount.

! The matter of the controversy he
lore the county commissioners as tol
whether ex-Treasurer T. w. Lamb or
the present treasurer, C. P. Thorn
ton, was entitled to charge a ccm-
mission Of $402.97 on receiving $50.
262 during the first part Of 1909. was
before the board for determination at
yesterdays meeting. County Attorney
Twitty, to whom the matter had been
referred by the commissioners for an
oplnicn, submitted his report.
The facts are as follows: Mr.. Lamb
held over in the Office until January
D, 1909, and between December 81
1908, and January 5, 1909, Tax Collec-
tor Read paid over the amount in his
hands, being $32,262, to Mr.. Lamb, and
Mr. Lamb on the morning Of the 5th
submitted his report to the commits
si0ners ded1cting a commissi- II OF
$2z6 from this amount, which was a
charge of 2 1-2 per cent. for receiv-
ing $4,000 of the money and 1 Ia
per cent for receiving the balance of
the money Mr.. Thornton had fled
his bond ON December 81, 1908, with
The ordinary, but it seems that he
failed ID sign the bond himself and
did nct in fact sign it until the 5th
{ cf January. Subsequently Treasurer
Tfornton claimed that he was entitled
10 q commission for receiving this
$32,lo2 on the basis of 1 IA per cent.
The law allows treasuyers a commits
sion fer receiving and disbursing rub
tic moneys On basis Of 1-2 per cent
fCr Sl0,ovv Of m-ney received during
the year and 1 IA per cent for the
balance OF the money. County Attor-
ney TWitty held that in his opinion
Mr.. Lamb was entitled to charge a
commission fer receiving this money
which was paid to him by the tax col
lector between December 81 and Jan
uary 5, which was the date on which
Mr.. ThcrDton's bond was formally
signed and approved The county at
torney stated that while he was in
some doubt about the proposition, still
it was his best Judgment that Mr..
Lamb would be entitled to charge
commission on a l IA per cent basis
on the money as he was simply hold
ing over and that Mr.. Thcrnton would
be entitled to charge 2 1-2 per cent
on the first $4,000 received by him
during the year and that both the
hold-over officer and the new officer
could not charge this IL per cent,
hut further advised that as Mr.. Thorn
ton had not rendered a bill for
commission of 1-2 per cent on any
cf the money received by him that it
was not necessary for the commits
sioners to determine that question.
Having reached this conclusion, the
}county attorney held that Mr.. Thorn
ton would not be entitled to receive
commission en- the $32,262 as he
had received the same from his prede-
cessor in Office and had not received
the same from the tax collector. The
county attorney further stated that un-
der the law the tax collector is re-
quired to make settlement only on
the first Monday In each month.
After hearing the report of the
county attorney. in which it was also
suggested that the board of county
commissioners issue an order against
Treasurer Thornton and against his
bondsmen, IN the event he failed to
ray over the amount to the county
and which was to be followed up with
resolution providing for that action,
Mr.. Thornton, who was present, stated
that he would pay the amount over
to the county at once, thus bringing
the matter to close.
A request was made by News re-
porter for 3 copy of the legal Orinion
Of the county attorney, but for some
reason best brown to the board the
REQUEST was denied by II, though the
orinion IS a part # the official rec""d
and sho1ld he given due publicity
since some $500 Of t1e peoples money
Is involved in It.
The above facts. however, give the
entstsnce Of the rerort n the county
attorney. which wac IN brief that Mr.
Lamb was erfitIed 10 the c'mTission
and that Mr ThrrutoD must reimbnr5e
ire county or stand for rule against
his hopdsmen for the amount He
ar-OB"ces. however. that be will nay
over re an'cur'. witch onght 70 close
'fe I-c'6cnf Witch bss beer the Pub
iect ~ 50 much comment for twelve
nlOBibs.