NoTE 3.
COLUMBUS, July 4th, 1912.
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COL. 1IICnO1G % UTGUeS.-


Dean SIR l reached this place
yesterday having been on the road
from Jackson nearly TWO weeks, hav-
ing had an attack Of fever on the road,
besides Mrs. Tucker was taken sick
on the road, and has not reached here
yet.


Just on the eve of my departure
Col. Fall applied to me to know
whether was ofthe opinion that the
FIVE per cent Of the nett proceeds Of
the public laud lying in the Sta,e, and
accruiDg TO this Stale, could be applied
to the ordinary liabilities Of the State.
/ have examined the subject so far as
my bad health would justify, and
think, TO say the least of it, that it is
doubtful whether it could be done or
not. l think the design Of the act was
to limit the fund to objects of internal
improvement, and that only ; il has not
however, heretofore been the custom
to keep the fund separate from other
funds Of the State; it appears to me
that it would be at least breach Of
the trust and obligation that the State
is under, in application of the fund.
The question however, is one which
does not directly fall under my con-
troll; it is amalter dtnost exclusively for
your action and control, and [ know
you are fully competent to judge for
yourself; you will find the law at page
Al, Section S, Howard and Hutchiu-
sons revisal.


Iwould say to you, however, that if
you can apply the money, l mean the
fund referred TO, TO other purposes
than those contemplated by the law Of
the United States above referred to,
that you may apply it to any other pur-
pose whatever, and 10 Is nqy opinion
that the claim of Col. Fall IS as deseru-
ing as any other, and perhaps Is one
that would be as useful to the State as
any other.


| shall be at Jackson soon, if I re-
cover my health so as to do so. l am
now hardly able to write, being quite
weak,


am vary ros0actE,II,,