The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-08-09

out the money without approved |
vouchers.
The language of the appropriation
is as general as it well could be. 1t I
reads: For the support and main
tainance of the agricultural and me-
chanical college," There is nothing
to point out the particular uses to
which the money is to be applied, or
directing for what things it shall be
paid out, and if the success and well
fare of the college, keeping in view
the purpose for which it has been
founded, requires that fences. be made
and houses built, and that it be sup
piled with farming implements,
it would reasonably seem then that it
was for such purposes, among others
perhaps, that the appropriation was
made. The existence and well-being
of the college might make it indispens-
able to build or repair houses, and to
give anything like practical instruc-
ton in agriculture it would seem
also that some sort of farming imple-
ments would be an unavoidable ne
cessity.
The directors. in discharging their
duty of controlling and managing the
property pertaining to the college,
suggesting and having made needed
improvements, in the absence of
specific statutory direction are left
with large discretion, and cannot
see that they are without the power
to appoint financial agent. He
might be a part of the fundamentally
for performing their duties.
/ am able to find nothing in the
law requiring that the money
shall have been actually earn
ed, or an antecedent debt
created, to the payment of which it
is to be applied before it can be with
drawn from the treasury; and it does
not seem to have been the uniform
practice to heretofore so rule, but in
stead thereof it appears that money
has been withdrawn in anticipation
of an immediate or early use of it.
The practice of the departments is
often resorted to in the construction
of doubtful statutes, and it might be
reasolbly said that appropriations
are made in view of that practice. |
do not think that the term vouchers"
necessarily means an account or debt
for some kind OF service already done
or property purchased. l think the
meaning is satisfied by any evidence
showing that you have paid out the
money on pl Oper authority. See Bou-
VierS law dictionary-title, vouchers.
The resolution making the requisi-
ton seems to have been regularly and
properly passed Cat any rate, it is not
questioned here, and is attested by the
secretary and approved by the COVER
nor, as heretofore recited, and think
it would serve you as an approved
voucher. 1t may be that such requi-
sitions should be rarely made. 1t
does not appear that an illegal use is
to be made of the money, and it is
my opinion that to honor the requiSi-
ton would not be unlawful.
Very respectfully
JOHN d. TEMPLETON.
Attorney General.
COMPTRoLLER'S DEPARTMENT.
j. Watson, of Falls, J. j. Adams, of
Brazos, j. 9. Butler, of Mason, and J.
F. Patterson, of Smith county, all
settled their accounts as tax collectors
yesterday.
The comptroller warranted for pay
ment into the state treasury as fol-
lows:
For receipts of general revenue
$4398.65, and from sales of lands be-
longing to the several funds:
Permanent school fund .............. $9,177 IS
Permanent university fund ........... 1874 80
Blind ASYLUM fund ................ 4946 10
Lunatic asylum fund ........ ......... 5,525 81
Deaf and dumb asylum fund NM. 4,OO5 O6
And from interest on sales of COM
mon school lands. ................... 19,OS5 80
Elsewhere is the opinion of the at
torney general on the A. and M. Col
lege requisition.
AS to the matter of the increased
pay of the assessors, the comptroller
wishes it understood that he has made
no ruling about it; but while he
thought it would be ex post facto in
effect to apply the law to assessments
made before the law went into effect,
he referred the question to the attor-
ney general in the hope some solution
would be rendered by which they
could be paid, as he, the comptroller,
desired they should. To sue the state
the assessors must be authorized by
act of the legislature.
BOARD MEETING ETC.
A meeting of the board composed
of the governor, comptroller and treas
urer, to select plans and specifications
for the branch lunatic asylum which
is to be located at Terrell, will be held
Saturday at IL M, in the comptroller's
room, adjoining the hall of the house
of representatives, where the plans,
etc, will be received and opened in the
presence of the architects and others.
Col. E. E. Meyers only has submitted
| plans.
The penitentiary board are to meet
this morning in the governors Office
State Engineer Britton has taken
| his office in the same room with Fish
Commissioner Lubbock, and has ap-
pointed Carl Meyer as his secretary.
DEPARTMENT OF EDUCATION.
The board of education, through
the labors of it's interchangeable secre-
tary, Hon. b. w. Baker, have finished
the work of apportionment of the
school funds, and sent the necessary
certificates to the several county
authorities.
STATE TREASURY DEPARTMENT.
The treasurer has received $5125 re-
ton of the new land board. The re-
ceipts are from sales of land to actual
settlers.
STATE LUNATIC ASYLUM.
The board of managers met Satur-
day. Present, Messrs. Darden, Shell
ley, Wilson and Goodwin. Absent,
on account of sickness, Mr.. Alfred
Smith.
Pay rolls and accounts for purchases
for the month were approved and
MINOR matters considered. The board
presented their usual quarterly report
of inspection of the grounds and
buildings, etc.
The resolution of It'll of July, rela-
tive to certain uses of the state asy-
lum carriage, was unanimously res
cinded.
After some business of minor
character the oard adjourned.
The Colorado Bottom Grass, or 'Tex-
as Millet.'