The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-07-21
THE EXPERTS AND THEIR
PAY.

The experts to examine the books of the
Auditor and report to the Governor Messrs
Cockburn and L. H. Gardner-Mr. Phelps
declined bay-are not at present writing
bySany means in a fair way of get
ting their money. Clinton, the Auditor
drew warrants for the full amount due
Messrs. Cockburn and L. HI. Gardner
amounting to $4,000, and of this sum the
Treasurer paid $1,000, and after paying it had
a talk with the Attorney General, who in
formed him that he (the Treasurer) was not
authorized to cash the warrants
The warrants for the remaining two thou
sand dollars were presented, and the sub.
joined correspondence followed. 1t explains
itself:
STATE OF LOUISIANA,
Treasurer's Office, :
New Orleans, July 10, 1875.
Hon. A. P. Field, Attorney General:
Sir-In q conversation with you this morn
ing you stated that the State Treasurer had
erred in paying two warrants, amounting to
$500, issued by the Auditor of Public Ac-
counts on the State Treasurer, in favor of
Messrs. Gardner and Cockburn, experts ap-
pointed to examine the books of the Auditor.
Said warrants were drawn against an appro-
priation under act No. IL of 1875, entitled
can appropriation to pay costs of courts in
cases where the State loses the case"
Since then two warrants similar to the
$1,000, drawn by the Auditor to the same par
ties, on the same appropriation and for the
for payment. I would, therefore, request
you to give me your legal opinion in this
matter, with your reasons why the balance
should not be paid. Respectfully,
A. DUBUCLET,
State Treasurer.
ATTORNEY GENERALS OFFICE,
State OF Louisiana,
New Orleans, July 10, 1875.
Hon, A. Dubuclet, State Treasurer:
Sr-In answer to your letter of this dete,
asking my opinion in regard to the warrants
drawn by the Auditor in favor of Messrs.
Gardner and Cockburn, the experts ap-
pointed by the Governor to examine the
books of the Auditor and Treasurer, for the
sum of $4,000, and whether there is any ap-
preparation out of which these warrants can
be paid, beg leave to state that by reference
to the seth section of an act of the Legisla-
ture, No. AZ, passed in 1871, the Governor is
authorized to appoint an expert Of the high
est ability to make this examination and re-
port the result to the Governor for his in
formation; and the accountant SO appointed
shall be paid by the Governor out of his con-
tiDgent funds, provided said accountant shall
not be occupied in said examination more
than twenty days.
This is the only law which makes any pro-
vision for the payment of any such claim !;
and apart from the extravagant allowance for
such service, you are clearly not authorized to
pay out of any other fund than that indicated
in the section of the law to which have re-
ferred, and the Auditor has undoubtedly been
under some erroneous apprehension when he
issued the warrants. With respect, yours
truly A. P. FIELD, Attorney General
On the receipt of the Attorney Generals
letter Treasurer Dubuclet declined to pay the
$4,000. He "was not authorized" and
wonld not pay it, but at last accounts the
State was "out' the $1,000 originally paid,
with no chance of again getting it in.
The Governor thinks-a bad word, aud
mildly inquiries of everybody in general and
tae Attorney General and the Treasurer in
particular, if he is expected to run the gov
eminent with his contingent expense fund.
Auditor Clinton has his own idea about the
law, and contends that the warrants were
legally issued.
Thus the matter stands.