The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1889-05-23

worst places in the public roads, and con-
structing rock culverts, where necessary,
across said roads, and If any balance of
this fund is remaining unexpended at the
end of the fiscal year, it is to be carried
forward to the same fund for the next
fscel year. The claims for building
bridges are payable only out of the fund
levied and collected and appropriated for
that purpose, which fund is known as the
fund for the payment of ordinary County
expenses.
VI. Each of these, and all other funds,
are required by law to be kept separate
and distinct, and for the specific purpose
for which they were levied, and the Re
spondent, as County Treasurer, is forbid
den by law to pay any claim, except out
of its appropriate fund, and to enable him
to determine out of which fund to pay a
check drawn upon him, the check shall
bear upon its face the nature OF the claim,
and the fiscal year in which it was-con-
tracted, and heavy: penalties are imposed
upon him if he pays a claim out Of other
than its appropriate fund.
VII. AS stated in the petition, the said
check was presented to the Respondent,
as County Treasurer, by the said ]. $.
Fowler and the payment thereof refused.
l. Because it is matter of discretion
with the County Treasurer out of which
fund to pay a check drawn by the County
Commissioners upon him, to be deter
mined by the character of the claim as set
out in the check, and the County Com
missioners have no authority to designate
or direct him out of which fund 10 pay the
same.
2. Because the designation of the char
acter of the claim on the check was not,
in the judgment of the Respondent, suf1-
GENTLY specific to enable him to deter
mine the proper fund out of which to pay
the same, there being two County funds
out of which claims for rock work on
roads may be paid.
5. Because this check was drawn by the
County Commissioners in violation Of
law, in that they undertook to expend the
money specifically appropriated for macad-
amizing and fixing the worst places in the
pu bic roads and building rock culverts
across the same. to pay for building pillars
to bridge.
4. Because no notice of the drawing and
issuing of the said check was served upon
the Respondent, as County Treasurer.
The Respondent having set forth his
reasons for refusing the payment of the
said check, prays the judgment Of the
Court thereon, and asks that the rule be
discharged, and that his costs be allowed
him, &c. WHITNER & SIMPSON,
Attorneys for Respondent.
Judge Norton's Decree.
The Defendant, in compliance with an order o,
| this Court requiring him to show cause why s
writ Of mandamus should not issue against him
requiring him TO pay to the Plaintiff check for
ons hundred dollars Issued by the County Commits
sionors Of Anderson County, which said check was
in duo form, except the word mature of claim,
No. 3l2, rock-work on road payable out Of special
levy for permanent improvement Of road, made
return thereto In which he admits, "fhat as
County Treasurer he has in his hands about
Sl176.00 the proceeds of levy for the fiscal year
i 1887 and 1888, known as the permanent improve
ment fund, appropriated and directed to bo e1-
pended in matchmaking and fixing the worst
PLACES in the public roads In the County. and
building rock culyerts across said roads where
necessary" but alleged In substance the following
reasons tor refusing to pay said check,
Frak That he and not the County Commis-
.ioners had the discretion to designate the fund
from which any check Of theirs was to be paid, to
be determined BY the character Of the claim As set
out In the check.
Second: That the check set out the character Of
there being two County funds out of which such q
claim might be paid.
Third. That the check was to pay for pillars to
bridge and vas Illegal being an attempt to 81.
vert funds levied to macadamizs roads, fix the
worst places and baild rock culyerts.
Fourth. That he was not notified Of the draw
ing OK such check.
demuro on the grounds substantially that the re-
turn does not state facts sufficient to justify the
action Of the Respondent, and showed upon its
face thst the mandamus should be granted.
After hearing the argument Of the counsel for
retrospective parties, and deliberation upon the
Issues raised in the proceedings It appears to the
cours that the grounds of the demurrer are we'll
taken, and the defenses of the Respondent should
be oYerruled for the following reasons:
! The FIRST defense really sets out nothing discre-
tionary, merely discretion to read the check and
soc from what fund the payment Is to be made
The second defense, If tenable, would enable the
County Treasurer to hold the funds forever If the
work done on the road was macadamizing or fix
ing tho worst pieces or building rock culverts,
for payment could then be made out of either the
general road fund OF the special levy. The Treas.
nrer would be, saye he, unable to design ate, and
the Commissioners should not. I adjudge that
the Commissioners may relieve the freasurers
I doubts by the additional description that the
work WAS to be paid for out Of the one or the other
/ fund.
As to the third defense, while would, as an
original proposition, unhesitatingly say that
| building pillars to bridge over stream was
neither macadaDizing, nor fixing the worst places
In the roads, nor building stone cul7erts, yet am
not at liberty in this proceeding to open the jpdg-
ment Of the County Commissioners.
The fourth defense is oyerruled because 1t was
not necessary that the County Treasurer should
DO notified Of the issuing of the said check before
1t was Issued. The notice to the Treasurer is
after, ard no part Of the drawing Of checks. he
Is not to pay, not upon want Of notice, but when
the checks have not beun drawn or prescribed.
It Is therefore ordered, that the said ". II. Fri
erson, County Treasurer, pay to the said J. S.
| Fowler the sum Of one hundred dollars upon the
representation Of the check referred to and de-
scribed in this proceeding and upon notice Of the
| fling Of this writ J. ]. NORTON,
Judge sth Judicial District Of S. C.
May Z, 1889.