The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1918-03-28

from issuing state warrants totaling
100000 to the so counties which have
levied special taxes for public school
work This opinion was given to
Spright Dowell, state superintendent of
education, by f. Lloyd Tate. attorney
general, Wednesday aftrnoon after
studying the question through the en-
tire day. Attorney General Tate said
the law making the appropriation did
not place any restrictions on it despite
the fact that the law does say that
the amounts are appropriated out of
any funds in the state treasury not
otherwise appropriated.
Governor Henderson raised the ques-
ton in letter to the attorney general
Tuesday night in which he stated that
the law making the appropriation de-
parted from the regular appropriation
laws in that ii said the funds were to
be provided out of funds mot other
wise expended" when other appropra-
ton laws said the money was to be
obtained from funds not otherwise
appropriated" The governor contended
that the legislature by this departure
intended to make the money available
only when all other state obligations
had been cared for and that as the
state is in debt and previous appro-
priations would take all funds to be
collected this year there were no
funds mot otherwise extended" and
that the special educational appropria-
ton could not be met this year
Governor Henderson instructed the
attorney general to bring proceedings
against Auditor Allgood preventing
the issuance of the warrants if he
reached the conclusion that the decis-
ion of the executive department was
correct Auditor Allgood had informed
the governor that he intended to issue
the warrants unless restraining or
der was obtained from the courts. The
instructions to the attorney general
were given following a dispute between
the executive department. educational
department and aviator's department
since January. The educational de-
partment and auditors departm
contended that the special appropria-
lions We're available at once. The APP
preparations grant bonuses to counties
which levy the one, two or three mill
tax However, the attorney general S
decision does not mean that the treas
ury must make money available to
meet the warrants and the warrants
must take their regular position until
the condition of the treasury will per-
init the cancellation of the obligations
Attorney General Tate has written an
opinion in the case when VIII De de-
| livered to Governor Henderson Thurs
| day.
The counties which will be benefited by
| the decision and the amounts they will
| receive follow: Autauga, $1,000: Baldwin
| $1,000; Bib, $1,000; Butler, $1,000; Calhoun
$1,000; Chambers, $4,000; Chiffon, $4,000
Choctaw, $1,000; Clarke. $1,000; Clay, $1,000
Clay. $1,000: Cleburne, $1,000; Coffee, $1,000
| Colbert, $1,000; Conecuh, $4,000; Coosa
$1,000; Covington. $4,000; Crenshaw, $1,000
Dale, $1,000; Gilmore, $4,000; Escambia
$1,000 Etowah, $4,000; Franklin $1,000; &c
neva, $4,000; Houston, $1,000; Jefferson
$4,000; Lamar $1,000; Lauderdale, $1,000
Lawrence, $1,000; Limestone, $1,000: Macon
$1,000; Madison, $1,000; Marengo, $1,000; Ma
rion $1,000 Marshall, $SO00 Mobile, $4,000
| Monroe, $4,000; Montgomery, $1,000; Nor
gan, $1,000: Pickens, $1,000; Randolph, $1,000
Shelby, $4,000; St. Clair, $1,000; Talladega
$1,000: Tal1apoosa, $1,000; Tuscaloosa, $1,000
Walker. $4,000; Washington, $1,000; Win
ston, $1,000; Blount $1,000; Fayette, $1,000