The Albany News (Albany, Tex.), Vol. 53, No. 45, Ed. 1 Thursday, August 4, 1938 Page: 3 of 8
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THURSDAY, AUGUST 4, IM"
THF. AI.BANY NFWS.
albany. texas
PAGE THREE
AN OPEN LETTER TO W. E. DAWSON
Stamford To Be Host
x hp • r?
1 o Tennis Fans
county general fund for uroad fundi a- above 'tlined. Hi*
by tlie county for general opini in was bane1* >nfnmui-
county purpo-i - " 11i<.u furnished him i.^ you.
The fund transferred being an Vou have ^pent much time in' participates in paying the annual I winners in
available fund and tie purpo e for trying to . how that I knew that payments as they come due, and if also hoped
having
Mr. W. K, IHwaon.
Albany, Texas. i prepared hi* statement, can clearly
Dear Mr. Dtvwson: see the distinction between a "ink
It gives me plea ure to answer j ing fund and an available fund
the article which wa purported toj The bond- being obi and the mon-
have been written by ybu and ley placed in the available fund,
which had your name signed to it sufficient warrants were drawn] which
on page two of the Albany News thereon to complete the con true-
in last week's i-sue. j ion of the road for which the bonds
It has ever been my purpose,; were issued. A surplus was left,
and shall ever be, that my cam-jnot a surplus in a sinking fund,
paijtn must be pitched on a high but a surplus in tne availabb fund.
level. Any man worthy to even which I think you clearly -oe, and
tun for the position of County that wa the fund that wa trim -
Judge of the County of Shackel-1 ferred to the road and bridge
it was voted
been the bond were riot paid off. You the county had made ertra pay
fully satisfied, that i the con Tiave (-01111 orders, affidavits, etc., jnents the county would have lost
struction of the road- in the pre- in your article for that purpose. I ito that extent by the State failing
cincts where they were voted, un- know that you now clearly see to participate in making it's pro-
Local tenni* fans have been in-
vited this week to participate in
de.btediiess it would have been very Stamford's second annual invita-
unwi e to have made said payment J tion net meet August 13 and 14.
for the rea.-on that the State onlyjLoving cups will be presented to
all divisions, and it is
to present runner-up
der the ruling of the Attorney that it is absolutely Immaterial
General, the commissioners' court whether those bonds were paid1 or
clearly had the right to make the not paid off for the reason as
transfers of the funds as it did. If above clearly outlined—the money
thi- is not clear to you a. your! that was received from those
rata payments at said time. The
state has agreed to pay so much
awards.
Events will be men's singles
and doubles, women's singles and
doubles, mixed doubles, and jun-
iors singles and doubles.
l^ast season Stamford netters
ment signed by you, or at least
ford cannot condescend to make lund.
unfair, unjust, and untrue state-' it occurs to me that what I havi
ments. Success in life mean more aid is -o plain and simple that assisted in preparing -ame, I would
than winning. Heal success i- the even a child can understand, but'be glad to go over this with you
doing of those things in such way to make it plainer thoo wa a and explain it i>t the mo-t simple
as to build character and life rath- levy made- and money was collected! way po ible.
of said bonds. The payments are enjoyed inter-city play with dozens
to be made at certain times. The of Central West Texas tennis fane,
|
county is to make it's pro-rata (S. H. Vaughter, Rochester, Tom-
attorney, who prepared the state-| bonds was not for the payment of part of the payments. The county mie and Jessee liean, Roby, J. F.
er than temporary since I ha' on that levy and placed by the] | belie\e that the citizens a- a
at all times refrained from what, Treasurer in a sinking fund, which whole will under land clearly the
is ordinarily termed 'mud sling fund must lw used, and wa- u-ed, d.-linction herein made, but I hall
ling." I take it that the term for the sole purpose of paying off not be -ati lied until every citizen
mean* unfair, unjust, and untrue those bond-. <>n the other hand of thi county may under-taiid an I
statements and reprc entatims. In the bonds were .-old and the money know a a whole that above funds
writing this letter I do it with a placed in the available fund, or in were legally tran.--ferred and there
feeling of kindites , court, y, -ym- other word- a special road and fore I want to explain tin- to you
pathy, and even indulgence toward bridge fund, ami for the ole pur
you. I feel confident that you 1 po e of not paying off the bond .
a candidate for County Judge of hut for constructing and iinprov
would no knowi1 y ing the highway w'n e tie bond-
low level of
the bonds, but
tion of road.-.
for the construc-
I
.1
has never defaulted in making it's Green, Hamlin, Harvey Lee and
and
your
all und
have in
thi. county
rondo; cend
making fal-e
re etltat ion
the attorney
tide ill hi i
lea-t a -i ed
t ion of . 1 ii' .111 let
('fence to the . t a'
made.
I know that you 1
difference hetw<
and an availahb
fore a i have air
I mil t be vi y pat c
and even indulgent
what vou have aid
to the
-tatenient and n 11
i feel rollf dent that
v ho pretia lid t he a 1
week' New . (.1 at
you in the pi. i.ai.
•f-
in
you with n
nielli. •'.!•<
were voted If tin- . t.o' clear to
you i would be glad to iiave vou
call on me in my of fice and w.- w . i
take up 'he rei ord and i a ure
you i will be patient., kind, ympa
tla tic and indulge'.! in going o' er
;ho e recoil!, with you -o thai you
may clearly undei taiui •di
t inn ion hr t-w een tlx : wo fund 1
I
it in til
pallet ic
attorney
r-tand.
•ret ofore,
1110 t co
1 a v t hat
-o ii- you too
I aagure ypu a
that i shall do
teou- and ,-ym-
know how
had known that the motley trans-
ferred wa.- from the available fund
from the .-ale of bonds and not
from the money collected from
taxi - levied for the inking full is,
you could have -aved yourself tile
nece -ity of preparing the court
i'fm
'I",
wh
1 do not know : lu-
ll a inking fund
fund, and t i.ere
,ady -ugg( -ted
■lit, very kind, |
with you in j
1 never blami |
"Charlie Mil a it hey " for hi. 1 x
aggerated and incorrect ';iti
ments. i know "Horgoti" i to
bhime. Charlie would do 110 wrong
if "Bergen" would lay 11 hi ot
fice or out 011 hi ranch and ; ' '
let "Charlie" alOTie.
SINKING FUND MONKV
NOT transfkrrf.o
thk commission l-.r's
corht iu'rin(i m> \11m1 n1
stua'i ion h as n i \ hi: i l; \n:
kkrri'.m oni' l>« >1 1 \k i'k'om
thk sinking i'm nds to i 111
uo \d \n11 HUl'tci i i nli. op
\n\ h i hi -, i'm nil v.. -
t , article 1 ba 1 il 01 'ii' a ■ 1
tion that the fund • 1:111; 1v1 red wa
a .-in k i ng fund. i u 1 ■ v the \i r
1 !l 1 7 and 1 ! 2s. pel it ion we" : •« -
sent ed to t he ci.nnii 1 nine 1 1 .
of Shackel ford < 'on tit > a-k:nr fo
elections to vot. en road hot 1
The elect ion were unlet 1 d and 11 1
bond i.-stie- . airieil by a -ufficieii!
majority of vot. The law tin
required the Conilni inner' 'onrt
to make a levy to upport t no .•
bonds. The levy, based upo1 the
assessed value of Sh.a.kellnrd
County, determined the amount of
lionds to be i. sued ill connri tion
with the number of year- said
bond- would run. The bond were
issued and -old and the proceed
of the sale of the e bond wen
placed in what is known a; an
Available Fund for the pur|m e,
not to pay off .-aid bond , but to
pay for the construction and im-
provement of the public road
where the bond- were voted. i he
-inking fund i- the tax money col
lected to pay off the bond; It i
not the money roc led front tin
sale of bonds. This i- clearly pro
vided in Article 752k. of ill. r.
vised Civil Statutes of Ttxas, whicn
pertains to -inking fund- of read
district-. The article provide, a
follows:
"Before such bonds shall In-
put on the market, the Couii
ty Commissioners court of
the county in which -uch ele-c
tion wa.- held, -hall levy an
ad valorem tax sufficient to
pay the interest on such bond
and to provide a -inking fund
to pay the bonds at maturity "
The levy above referred to wa:
made for the purpose of getting
sufficient fund to pay off the ■
bowl and it was the dlltj the
Tax Collector to turn the money
over as collected to tin Trea iin-i
and it was hi.- duty to place th:
money in the sinking fund for the
purpose of paying off these bond.
And this fund alone constituted the
only sinking fund with reference
to the issuance of the bond- refer
red to and the money collected
t. | .-at not one dolla :a. ' '■' '
be.-n transferred cut of the tik.i i'
lund into any otliei fund dur i t'
my administ rat ion.
county transfers
legally MM)!".
The law of thi Stat, prohm t
a inking fund being transferred
to any i.t her fund unt .1 tin hoi .!
are ati-1 ied. i he n a -on foi 'hi
:. win re a colli ' act had lie. n made
with nut" individual oi corpo'n
tion and that contract mu.-t In
at i fed before t he mon. y . alt in
iii it01
|a on the
financial tat.u
a a Whole all
fund , etc., ha
ll is ill po- e
oiler. ' con i t a
1 ti a n-fei - 1111
tile fillow illg
"a to the
transfer- of ft
your 'oum wa
r. (ctil
am not saying payment on the bonds of Road Dis- Winston Hlackstock and Dr. E. M.
thi- harshly, but very kindly, for trict No. 2, and the -inking funds] Roberts, Munday, Harry Pistole,
the reason that I know that you 10f said District are in excellent Albany, Raymond DeBerry, for-
did not know the difference be- i condition. imerly of Rule, now of Jayton, and
tween n inking fund and an avail I You have criticized making the players of other neighboring towns.
able fund. If you had known the! transfers on the ground that the| In the feminine line-up last
difference, or in other words if you |{oad District i- composed of only year were Kathleen House and
three precincts of the county, and! Merle Summerlin, Roby, Virginia
yet by transferring the money j Atkeison and Ann Atkeison, Mun-|
from the Rofld and llridge fund to| day, and Mrs. K. M. Roberts, ,Mun-|
the general fund the people of the j day, Utence Sellers, winner of eau^ or 11
by ti i-county meet at Rule lasi Hug-i
, ., , Paper covers
e and other contender.- '
, . .i.i- ; fir.-t used in the
d in net play this year. |
to., included ill bond,-. You are doilbtle .- of till
ititpi.-■ -ion that a comint -ioners
ourt ha the authority to
PRESIDENT WEST TEXAS
PRESS ASSOCIATION
MARY WHATLEY DUNBAR,
■who has recently received U. S.-
wido recognition with her pran
and her paper, will always be Juit
"Mary" to her thousands of t
Texas admirers. She's our presi-
dent! Ain't she the brunette
cs
win
mi ,
i f i
a \
o
writ
.oil
luty ti
ity o
the (
III.-lit
ten a
of ti l
the I,
t to
the
onnt y
of it
letter
colli-
galit y
whv
l
old.a , affidavit
your article.
In your art id
ot in i' 11 a. o
ignorant."
you now .
that a : i ie|e
tin ai bat: y
b.-i au.-e of
part o
■ '
other precinct- were benefited
the tran-fer, even though they did i ust. The
not participate in paying for aid are expeci
for books were
10th century.
you say:
i'.iuldin wa
in
e that i
appeaia
New - of
111i under tain
f till ; and- ■ ran
•An
not
confident tha.'
e only reason
i, ;i- it d.d in
la -t Week, w a -
ing on
f el red.
de, ill which he
legality of ail
ml made hv
found in tlii-
th" road and bridge money a- it
ee fit. The commissioners* court
h;i - int.- di motion in dividing the
■ nad and bridge fund.', hut it can-
to t divide the money by any d
ii it.- tandard, and thus deprive ,.ny
particular precinct of having n. c
TRY A CAHSIP1EP AD IN THF . Refrigerator ^ freight cars were
ALBANY NEWS FOR RESULTS if,rst ln 1877'
READY FOR RUN-OFF
animation, a. we
tho e in the past, that
Court trictly complied
as
the
. it h
. f'i
1'1'eil
t ra n
statute o1
the t ran-f
above tat
a follow :
" \ rt a
il
atit
from uch fund
tin- late proviiii
r of fll lid , exci'l
d : aid ait icl. ri.
o 1 fl ke\ e.i i
. Th. Co
i in-
fo r
.Article 1630 R.V.8. which
pro\ ide - in uh tatlce that 1 m-
. urplii, of any fun i may he
transferred. It ha been our
observation that, in dealing
with yotll coillt that each
nieinher wa particularly con-
cient ou in his duty and
. oinpliaIk .• with tatut<■ "
i'll letter heat da'.
(Ill I RAN SI-'F. Ra MADE
I-URIN( YOUR TERM AS
MAYOR ILLEGAL
'l it i have had to ay do.
ik.t aiis-wer your article ill full.
>'ou refer to mai,ing a • ran f r of
■ the mo!ie\ in the viiiter fund- while
you w i ■. Mayor of the < 'ity of
\lban\ i have r. fraitie(| from
making any charge against you,
and ■ he nly rea.-on 1 did was to
how that you had made a charge
aga,ii ♦ un for t r msferring fund.-.
when you x.,ur->1 f bad transferred
ithe mom y out of the water fund
*it(i t hi general cit \ fund- in ,-t rii t
• i y ro.a.l improvement,
learly given by the
of Texas, in thi
Stovall, County Judge, v-
Mh. if:
and y
lie prix
I leg,
of April
any one
reading
violation
\\ - i -..I
of Albany
t ran t. i t
law of tin
■ may or nf tin
know that yi
from the
state.
City
il did
a iltel-
ll fund
ot
\l-
111
Illtllt
<1. em
111
ept that
ong to i la
be di vi rt.-i
iii i f the i
class fir.-t,
I'M e- of
Class fit's! a
Section 1
he
er
till
ii)
all
■y and |■ i ope
hv fund.- w :m •
fir.-t hall m v
i from tin pay
latin - ' egii 1 ereii
utile- there
uch fund-."
: referred to ahovi
\rticle h'.'jn, or t il(
ow i
' i
Ke\
jll. t
whi<
fees.
o( e
taxi-
ed Civil Statute . etting out
xactly what tho. fund: an
l are a- follow All jury-
all motley fee. \ .1 from all.
tray.-, arid ill occupation
The fund transferred not
coming under cla.-.- first and char
i ly not being any part of a sinking
fund i- -ubjeel to the article
above quoted, authorizing th(
tran fer of fund- a the Comini.-
sioners' Court may diecm necessary
under the i ircumstances.
In the c,a e of Hrou.--.ard v.-
1 s.' t s. s-4 1, : *i<- . (i ■ 11'
pared, otherwise, 1
you would not ha\
a rt icle a w rit: i t.,
that a number of
presence 1 ri
Judge I off.
sicklies-, III wllicV
me authority to
and w hi. h i In r
gi\c i am hen
Utter, to-wit :
"Judge Houldir
occa-ion.- h;i a.-k
any objections to
am
wa
i nt! t :
ll'el tva-
ex pen-•
in direct
:! of the
f texas.
tile of
s. \v. i j) page :ii;:{:
"It clearly contemplate
that all roads and bridge.- of
the county shall be maintain-
ed, repaired, and improved
w hen nece .-ary, a- the condi-
t ion.- may require, regardless
of the precinct in which same
may he located, so far a- the
fund- w ill just it y. This being
true, we think that a com.nii.--
ioiiers' court cannot volun-
tarily di-ahle itself from pel-
foiman. e of thi- general obli-
gation by arbitrarily dividing
the road and bridge fund ac-
c.irdinc to som.- fixed stand-
ard, and apportion same to be
expended in a particular pre-
■ net, to the detriment of
Siipreim
case
>ADD
,d and bridge:
ill other
pn ■ met.-.
ti*.ii if ; ,'■ money had inc. hi i n
transferred from the road and
bri.lgi fund- to the general fu d
lui h
^ ou will '1
times in y.iui
letter -igni-d hy
prior to hi- la '.
1 he aid he gav.
write th.- letters
tate that he did
puiting from aid
on several
•d if 1 htid
hi- igning
it: could hav.
the commissioners'
tour precinct.-.
You have ttited t:
ning on my record. 1
proud of my record
gaily spent by i
court in all;
, 1
am.
;is
am run-1
i am j
Count v
my name t" letters to the \t
torn, y (.. n.-ral'- Department,
n order th.it he nnght receive
any uch -y-tem -hall e\. r he
used to pay any other debt,
' xt eti e, or obligation of Uch
city or town, until the indebt
.-diii . o -ei tired hall have
In . n i nally jiaid."
The -tatute referred to has to
do '*,! city owned waiter work- Judge and Ex-off cio County Slip-i
.and oi lor utility property own. 1 erinteinh nt for the reason that lj
by a town or city Kegardle-s of have given the best 1 have to the
your explanation of aid transfers, duties of the office, and my
Supreme Court of Te\a . in thoughts, motives, and acts have
.as. of rile (' ty of Houston been for the welfare of the county
Allred, 71 s. \v ( 2), page and for the best interests of the
< '. i -v, .
<>. A. Jerry Sadler. .10, l.ongview, is tho youngest candidate for
State office and is opposing the oldest. Sadler fought through a field
of veteran campaigners to run a close second to C. V. Terrell, incumbent
in the Railroad Commis ion, who has been in public office in Texas for
more than half a century. Sadler's slogan is 'Tut Sadler in the Saddle,"
and he is shown here w :th one foot in the stirrup. Sadler promised a
continuation of his same fast and furious campaign methods that en-
abled him to win a run-off place.
Plan Fun for 160,000 Children\
1 he
i thr
ion.s relative 1
- chool malt 'v .
him he mip;ht
At
\N = • •
] a> iiil
co mm i
funds i
Oil
.— i ()11
aid :
t!n
authont \
< our4 to *
.if
• .
•k a
noc
!!1
o county
i !i;i\f
in my
jicrfo'ii
unty
\ for
n upholding aid statute, people of Shackelford County.
i Siti( crely yours,
homer t. hol'lihn
(l'aid political advertising)
\t
In
'"This art n • clearly ant:
orze .-uch transfer of .-uch
of the county fund- to tin
road and bridge fund- a.-
shown to have' been made hy
tho commissioner- court
a above suggested if the s-tat«
merits n connection with 1he -tat
utes and authorities here cited do
not make this dear to you that]
the fund referred to by you war
not a sinking fund, but an avail
able fund, 1 will he glad to explain
it so you will clearly understand it.
You have referred to an opinion
given hy the \ttornoy (ieneral of
the State of Texa: if you will
consider that opinion you will oh
erve that the Xttorney General
was referring to a sinking fund
and not an available fund in which
■ lie quest ion of t ra n fen ng mom y
in the available fund wa not h.
ng passed upon by the Attorney
nit of thi
and n the .■ \. i-*
lloilldill c d< 1
tttit to receive an
t tie Attortl.'v
irthou
that .11:(ig
r it minor
i opinion fro
(iellcra 1 i
age
adtn
Wh.-n it
light of
sect ion
cha nged
The ll-(
any
t lie
ahovi
■o . xpli
of no
partnient i have no
to him writing thi
rueiit and igning ni\
ijwtion
i l.-nart
name.
■Vnd i have n. \er obje. ted to
any letter that h. ha- written
or to hi -igning my name to
sa:d letter, or letter-."
1 am sure that f vou had read
the article after it wa written,
knowing you a- i think 1 do, you
would havi been fail • along' to
above letter, wlrch
heard me read many
which
i 'offi
i nc 11
you
de the
have
time . and
j fore .1 lldge
a matter o
t he lettet.
-ame.
You ha\
i Judge i 'of:
ithat he did
quoted lallgll
it that it will
(instruction,
■on. dered in the
balance of the
meaning i- not
•endeti'd oh cure.
i ( ot t in- word- "ever"
"finally" show that the
ute nn-ans thai, o long a
indebtedness '-cured by
w an t y t em - net income
outstanding, the rev. tim -
thereof must not be used to
pay any other debt, expen c,
or obligation.
it' ar' ci. which o1: signed
and which wa,- printed in the a!
hair. \'ew bitterly denounced me
fo. making illegal transfer-' of
county f ind and yet a. Mayor of
the Cdy of Albany you were trans-
f( rring fund w hich wa- n direct
conflict w th the -tatute and with
t he sa.pl ellle ' 'oil rt of i ' x. , w ' h
wa e'en
e's sickne--.
I think you
!ea.-t a
. hi
h
l>>
uc
i in
uthority
ot een un
f the (' ty
e tran.-fei
■ doii
on t
Villi
(ieneral, but the opinion applied; wrot0 the 1
only to the sinking fund as i ]that he hm
clearly stilted in the opinion. The j writf
therefrom. As above stati^l the1 Attorney (ieneral said in referring („ us1
boiwiis when -old were not sold for to the sinking fund the following: .tided
"ln this connection 1 de in
to amplify the above in tin
following respect: All exce.-.-
funds existing in the bond
sinking funds where the bomb
for which the sinking fund.
■were created have finally been
retired and ail accrued inter
est thereon has been paid,
may be transferred to the
the purpose of procuring money
to pay off the bonds. It would be
a futile thing to order an election
and issue bonds for the sole pur-
pose of selling those bonds and
then paying off the very uond
you issued. I think this would be
clear to a child, even to a way-
farer. That being true 1 think
that you and your attorney, who
note.| a 'otter from
in which he states
t know it the time 1
■r, but you did kimw
v. n me authority to
a letter at any t iin i v. anted
his name for the purposes
in the letter as above
oun-1
a- i
you
t in-
or t he member
c:l for making
am -un you wer. doing wh.a:
th.lllg; l> f"l* ■ ':•■ Cit y'- be,
tere 1.-.
rom) and rr idc.f funds to
bf spent for FNTiRF
county
Yoii also stated in the article j
that the mom c transferred by 1hei
County should have been used to.
Knee
Action!
If you wan! ho«e that are
made for knee action—that
itretch ai your Itneei bend
and return to their normal
thape without lagging , , .
try
ri
The thousands of school children attending the glamorous Castle of
Foods at the Golden Jubilee celebration of the State Fair of Texas in
Uallas during the month of October will have a grand good time as well
as unusual educational facilities L. A Woods, State Superintendent of
Public Instruction, believes that the exhibits, program?., and special
entertainment given for children and grown-ups in the Castle of roods
will be of such striking educational value that they will be sufficient cause
for -ending ICO,otid Texas school children to the Fair. In the picture
mr Woods (right) is conferring in his office at Austin with Granville W.
Moore (center), chairman of the Food Industries Committee, who will
present the Castle, and Hex v Lentz (left), managing director, both of
Dallas, on the subject of clowns, performing animals, souvenirs, and the
like for children who visit the Castle
quol(sl. In this letter he states if j pay off part of the bonded indebt- '
he had been asked as to his opin-1 edrie.-s of Road di-rict No. 2. As!
ion he would advise that the road ; heretofore pointed out tl money •
dint rict funds could not he trans- j transferred wa tot in the -.iking!
ferred to the general funds. he'fund of Road District No. 2, and
was laboring under the .same false i did not belong t.'ierc. Therefore it
59c
VANETTE Hon •«-
qu (itftly clear aid th «r.
*i\d it*y k'««uliful #(*•>
many vaihlnfi, Fcr
• taiamy'i take, hiy
Aem by A* ha*.
promise- that you were laboring
under, thinking that the funds
transferred were sinking fund- and
not available funds, or special
should not have been used in pay-1
iiiig off the bonds of the District, j
If it had beer possible to use sn'd
money !o pay on the bonded in-
The
Specialty Shop
REAL ESTATE — INSURANCE
OIL LEASES
New Oil Maps of Shackelford County
and Adjoining Areas.
Webb & Webb
YOUR INSURANCE COUNSELLORS
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The Albany News (Albany, Tex.), Vol. 53, No. 45, Ed. 1 Thursday, August 4, 1938, newspaper, August 4, 1938; Albany, Texas. (https://texashistory.unt.edu/ark:/67531/metapth401494/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Old Jail Art Center.