on the endorsement of any of its officers or directors." The point of inquiry is, what is the application of this section?

This section is found in the chapter devoted to State Banks and especially under §4 relative to the circulation of notes by State Banks. I observe that this section is a codification of the Act approved December 20th, 1893, which contemplated the establishment of State Banks in this State and authorized the circulation of notes by such bank under the conditions therein prescribed. I am not advised whether or not the Exchange Bank of Savannah is proceeding under that Act or whether chartered by the Secretary of State, nor do I know that the inquiry is material, for there is no suggestion of the application of the section to that particular bank.

Answering specifically your question, I am of the opinion that the section in question applies only to banks organized in conformity with the Act above cited and to no other. I hesitate in expressing this opinion for I am aware of the fact that some of the judges of the superior courts of this State have in their charges to grand juries read this section as applicable to all banking institutions. Such judges may be right and I may be in error.

I beg to remain,

Yours very truly,

JNO. C. HART,

Attorney-General.

September 16th, 1908.

HON. R. E. PARK, State Treasurer,

Capitol.

DEAR SIR-Replying to your letter of the 11th, in which amongst other things you state that "Messrs. Jno. N. Holder and J. P. Heard, the former the introducer of the Act creating the Bureau of Banking in this State, and the latter chairman of the House Committee on Banking, have assured you that the last paragraph of section 24 of said Act as follows, 'the above amounts to be paid by the banks so examined, but nothing in this amendment shall be so constructed as to exempt the State of Georgia from the payment of such sum as is now paid for the examination of banks,' meant that $1200.00 should be paid by the State for such examination."

This letter of yours was provoked, no doubt, because of a letter from me on June 29th, 1908, in which I advised you that "the matter had better be made plain by legislative enactment.

I can add nothing further to the letter in question. I have been looking through the appropriation Act hoping that I might find a legislative interpretation of this provision in question by an appropriation, but I fail to find such. Even, therefore, if "the provision in question contemplated that $1200 should be ued by you to be taken from the State Treasury,' as stated by Messrs. Holder and Heard, this would not leave your department in any better fix, for there is an absence of any appropriation to that end.

I appreciate the importance of the work your department is engaged in and the difficulties you have

encountered in meeting the legislative requirement, but this would not authorize me to construe the Act in violation of the common and ordinary rule of interpretation, nor violate the requirement of the Constitution, relative to paying money from the

Treasury.

Yours very truly,

JNO. C. HART,

Attorney-General.

June 29th, 1908.

HON. R. E. PARK, State Bank Examiner,

Atlanta, Ga.

DEAR SIR: I am in receipt of your letter of the 26st inst. and note your comments on section 24 of the Act approved August 22d, 1907, creating a Bank Bureau, etc. The question is whether or not the sum of $1200.00 heretofore paid by the State of Georgia is saved to the Bank Bureau recently established by virtue of the language in section 24, towit, "The above amount to be paid by the banks so examined but nothing in this amendment shall be so construed to exempt the State of Georgia from the payment of such sum as is now paid for such examination of banks." This expression should be construed in the light of the whole Act.

It was the purpose of the Act, as is evidenced by a reading of that Act, to have the Bureau self-sustaining, by providing for the cost of examinations of banks. I know the difficulty under which you have labored and if it was the purpose of the Legislature

as the members with whom you hav taked so indicate, to carry forward into the preesnt law the $1200.00 in question, the matter had better be made plain by legislative enactment to that effect.

Yours very truly,
JNO. C. HART,

Attorney-General.

June 29th, 1908.

HON. R. E. PARK, State Bank Examiner,

Atlanta, Ga.

DEAR SIR:-I am in receipt of the letter written you by Mr. Holden, Vice-President of the North Georgia Trust Co., and your request for an opinion whether his company is liable to be examined under the Act approved August 22d, 1907.

66

I note Mr. Holden says "We do a trust business only under a charter granted by the Superior Court which does not permit of banking." Assuming that this is not a bank in the ordinary acceptation of the term, though it is conceded in the statement of fact that they do accept deposits paying interest on the same," yet by the first section of the Act you will observe that the Bank Examiner is required to examine "into the condition of all banks, banking companies, banking associations trust companies hereafter existing and doing business in this State."

It will appear, therefore, under the statement of

fact that this company is subject to examination as a

trust company.

Yours very truly,
JNO. C. HART,

Attorney-General.

January 8th, 1908.

HON. JERE M. POUND, State School Commissioner, Atlanta, Ga.

DEAR SIR:-I am in receipt of your letter of the 6th inst. and note your request for an interpretation of that part of the Act approved August 21st, 1906, providing for a local tax for public schools and especially that portion providing for the management of the local school where in said local district is "a chartered school controlled by a board of stockholders or by board of directors." The facts accompanying this request for opinion are that a local district has been established under the provisions of the McMichael Act and on a vote for local taxation it was duly carried in favor of a local tax. There is in said district an institution or college chartered as "The Perry-Raney College." This association has a board of directors. While empowered in its charter to give diplomas it is also engaged in doing common schoolowork. Your inquiry is "whether this work should be done under the supervision and control of the chartered trustees or by the district trustees who have been elected."

Assuming the fact to be true that pupils entitled to the public school money attend the chartered