The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1922-08-27
COUNTY COMMISSION WILL
NOT PAY BOND TRUSTEES
OUTOF THE GENERAL FUND
County Attorney Holds That It
Should Be Paid Out of Monies
From Sale of Bonds.

I'll AMprOmpLu meeting FRIDAY after.
noon the board of county commission
ers voted four to one against payins
an approximate sum Of $500 to the
BOARD of bond trustees out of the
general fund. It is expected that the
matter will later go up to the supreme
| court.
The bond trustees appeared before
the board and made formal demand
upon the commissioners for making an
appropriation for taking care of the
| amount said to be due them, approx
mately $4,000, out of the general fund
for the fiscal year 1922. Discussion
ensued during which r. Pope Reese.
county attorney, maintained shat the
trustees should be paid ont of the
monies derived from the sale Of the
bonds and not from the general fund.
County Clerk, James Macgibbon pro-
duced a letter from Ernest Amos.
state comptroller, wherein he held tina
the trustees should be paid from the
general fund. And at the same time
1t was brought out that Attorney Gen
eral Rivers Buford had also ruled in a.
like manner. as well as Wasvr &. Pas
CO. local attorneys, who recently made
study of the matter.
The discussion ended ana Commits
sioner Candy made this motion: THAT
the board Of county commissioners will
not make the appropriation out of the
general fund for the commission due
bond trustees or will not put amount
in budget Of general fund as demand
ed by the bond trustees" This was
seconded by Commit ssioneI Soderlind
and carried over the dissenting vote
Of Commissioner Wentworth; Com
missioners Candy, Soderlind, Gilmore
and Gates voting in favor Of 1t.
The letter from Comptroller Amos
which figured in the heated DISCUS
sions several months ago when The
board first asked Mr.. Macgibbon to
issue warrants to pay the bill out Of
bond money, upon motion Of Comu1ts-
sioner Wentworth yesterday was or
dered filed in the records. The body
of Mr.. Amos communication foil >ws:
Replying to your letter OF the 7th
inst, will say that no part Of the
principal which in this case represents
the proceeds of the sale of bonds can
be used for any other purpose than
that which was set out in the PROPOSE
ton that was submitted to the people
to be voed upon, and in fact it would
be a misapplication of the proceeds of |
the sale of the bonds issued for any |
purpose If any part thereof was used |
for other than the purpose or purposes |
clearly set out before the election was |
held and upon which the voters formed |
and expressed their opinion.
I'm view of the conditions and the |
law as aforesaid 1t should be evident
that if the bonded trustees are to be
paid it must be in pursuance with
Section 1549 of the Revised General /
Statutes
Asked to make a statement giving |
his views on the matter, Commissions
Wentworth stated chat i has been a
standing fact that the pay Of all pre-
vious bond trustees has been from the
general fund, however Mr.. Reese ruled
hat the pay Of the present bond trus-
,ees should be from the bond money
therefore the board some time ago or
Tered the bill paid from the bond
money.
''Mr. Macgibbon would not sign the
warrant" Commissioner wentworth
continued, taking the stand that le-
rally the bill was payable from the
General fund The comptroller gave
he opinion that the trustees should be
,aid from the general fund also, stat
ng that the bond money could not be
pent for any other purpose other than
hat for which it was voted. Other
awyers have given opinions to the ef-
ect that the bill of the bond trustees
hould be payable from the general
und.
1.-THE action by the board this after
loon was to the effect that the COM
oissioners would not make provisions
n the budget for this bill, acting upon
he opinion Of Mr.. Reese.
81 did not want to see precedent
that would allow money
oted for fixed, stated purpose ex-
ended for something else or diverted
n anv other fund, and taking into
the fact that 1t would
ot require any additional millage Tor
his bill to be paid from the proper
I voted against the PROPOSE
on."
TT. WENTWORTH JR'
.ounty Commissioner District NO. l.
Escambia County.
,ct has received a great many orders