Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1910-03-01
STATE TERMINALS
PAY PENALTY FOR
TREASURY BUGABOO?
Or Was Legislature Simply
testing When 1t Directed
Governor Brown to Secure
Options on Property?
JUDGE HARRIS OPINION
WAS BASED ON LETTER

Is Governor Browns undivulged reason
for not taking up the Western and At
lantic terminal options at Chattanooga,
his own belief that the purchase of the
property would be premature. now?
Did he exercise this opinion on the sup
position that the act of the legislature
directing him to take up the options was
not mandatory?
Governor Brown has definitely refused
TO discuss this matter. He has already
definitely declined to recite any reason
whatever for not complying with the Leg
islature's instructions. Since he so re-
fused and declined. he has not been ap-
preached again by The Journal for his
reasons; wherefore it cannot be stated
here whether the assumptions above laid
out are asbosutely correct. But
WHAT THE RECORD SHOWS
1t is known that on September / OF
last year, when the bugaboo of a bank
rUpt state was being held aloft to scare
children, Governor Brown wrote to the
attorney general letter concluding with
these words: land which we may pos
sibly need for railroad terminals ten years
hence"
He was referring to the land which the
legislature had secured options upon and
had instructed him to buy-the land in
Chattanooga which experts and investi-
eating committees and the legislature it
self believed the state should buy while
it could, that it might prepare for NOV
ing its terminals from the downtown bus
mess section of Chattanooga when the
state railroad reverts to il, and by so
moving the terminals leave the downtown
property open to development and reve-
nue. production.
That was the Land which we may pos
sibIy need for railroad terminals ten years
hence" which he was referring TO.
WANTED AN OPINION.
He wanted an opinion from the attorney
general whether. in view of certain con-
ditions that the governor gave. there
was then money in the treasury which
was legally available for the purchase
of the land.
Till now the existence of that letter has
not been publicly known.
The attorney generals reply was the
only opinion that he has put on record
in the matter. So far as can be learned.
it is the only opinion he has ever fur
lnished the governor about the situation.
He has not stated his opinion whether or
not the act of the legislature command
ed the governor TO make the purchase
or whether it left those purchases to the
governors discretion.
Based on the premises which the gov
ernor cited. and which the attorney gem
eraI repeated, the opinion of the latter
was essentially as follows:
WHAT HART SAID.
You state in your letter there is at
present in the treasury approximately
$780, 900 and that the state is already short
100000 in meeting the appropriation
made by the legislature of 1918, for the
support and maintenance of the common
schools of the state for the year 1909.
In vie wof these conditions there
is at present no money in the treasury
which could legally be used for the pur-
chase of the land in question"
Judge Hart did not question the premi-
ses which the governor put up to him.
1t was not his duty to investigate the as
sertion that the state was SO much short
He accepted the premises. and on them
gave his opinion that there was not then.
on September l, 1909. enough money in the
treasury to legally expend it for the
lands.
WAS LEGISLATURE JOKING?
So. as far the records show, the will
of the legislature was sacrificed to thai
bugaboo treasury deficit which the condi-
ton of the treasury itself has so elo-
quently exposed.
Land which we may possibly need for
railroad terminals ten years hence
That's another eloquent detail in the sit
uation.
And Judge Hart has never been asked II
he thought the legislature meant wha6
it said or was really only jesting about
those terminals or leaving it to the judg-
ment of one man whether they should be
bought or not.