The state herald., 1889-11-29
AN ANSWER 10 GOV. COOPER.

Tho Attorney General Advises That
Payment on Certain Warrants
be Stopped. !
DENVER, Colo, Nov. 20, 1889.
Hon. Job A. Cooper, Governor.
Sir-On the 2sth day Of September last
you addressed 10 me o communication, &C.
companied by exhibits and reports; relst-
ing to charges made that certain contrao-
tors and others had wrougfully received
from the public treasury sums OF money
largely In excess Of any amount to which
they could be justly entitled under theiaw.
You. also suggested that you had retained
Judge E. T. Wells and Judge L. 8. Dixon
IS special counsel to assist therein. You
likewise requested that II, upon examina.
tion of the law, should be Of the opinion
that suits would lie to recover from any or
all Of the contractors tho amount received
by them in excess Of tho sums they were
legally entitled to claim, would with all
convenient speed proceed TO institute such
suits.
In my rcply thereto, Of the same datc,
stated that would "at tho earliest oppor-
tunity take such steps as Will protect tho
interests Of tho State"
In conformity with tho above sugges-
tions, and in conjunction with the sssis-
tant counsel employed by you, and Of the
assistant counsel employed by myself, Mr..
H. Riddell, have devoted to tho subject
that consideration which SO grave an NJ
fair demanded. now report TO you my
con clusions in the matter.
No suits will or eau be brought on ac-
count of these transactions, against either
Messrs. Graham & Weber, Mcssrs. Col
lier & Clcaveland, Messrs, Lawrence q
Co., Hon. james Rice or any State od1clai,
for tho plain and simple reason that not
dollar has been drawn out OF the puplic
treasury by any person on account thereo''
Warrants have been issued 70 the above
named contractors for the amounts oi
their respective claims, but those warrants
have never been paid. This fact appears
In the answer Of Hon. W. H. Brisbane
State Treasurer, to your cxcellency, In tho
following language:
"The above warrants were all drawn
against appropriation funds, none OF which
have been paid, as the State warrants
drawn against appropriations run out
about two years before being called for
payment" This also appears from re-
ceLt inspection of the Treasurcfs books.
State warrants are not negotiable, sudS'
consequently tho State may interpose It's
defcnscs or objections to themf w whose
ever hands the same may be. Hence, all
that is required to be done TO absdutely
protect tho State from any loss by reason
of any overcharge or fraud by contracPrs,
Is for the Treasurer TO refuse payment Of
the warrants issued to the above parties,
and thereby compel mandamus proceed
ing by the holder, and In this proceeding,
the State may interpose its defense.
The recent decision Of the Supreme
Court In answer to questions from your
Excellcncy shows that every Treasurer
Is responsible on his bond for erroneous
payments of the public monies; hencc the
Treasurcr's interest would compel him to
be careful about the payment OF any war
rants Of doubtful validity I will immc-
diately notify tho present Treasurer, by
official communication, that tho warrants
above referred to are of questionable valid
ity, and that the same shall not be paid ex-
ccpt after payment is compelled BY tho
courts, aud to make such entries on his
books Us will preserve this notification.
Nor could suits be maintained II brought
for such suits would necessarily be fory
moncy-sss~snAAlBAaiHainkarGfi11lli.an and,
In these instances mono hes s'''s
So far, therefore, - the pt -
Of the affair Is concerned W
ceived furniture, stationss5, t-
other supplies for whicA Il Aai{
paid nothing, and Ia not, thaest1 nGS
sition to sue. Tho issuance Of srrants
to Mcssrs. Bush & Morse IL In D. same
condition. rs...r v
The other mattor referred 10 mo vegard-
Ing interest alleged to have been received
ON public monies, is under consideration
return herewith tho papers aud oxhb-
Its transmitted to me. They should be pre-
served In your oifico for use In any suit
brought 70 compel payment Of the above
described warrants. Respectfully,
(Sigued) Saw W. Joxss,
Attorney Geaeral.
We approve tho foregoing conciusions:
L. s. DIxox,
u. T. WELLS, T.
II. RipDkLL-. 4