The Delta independent., 1889-11-26
AN ANSWER TO GOV. COOPER.
The Attorney General Advises That
Payment on Certain Warrants
be Stopped.
DENVER, Colo, Nov. 20, 1889.

be Stopped.
DENVER, Colo, Nov. 20, 1889.
Hon. Job A. Cooper, Governor
Sir-On the 2sth day OF September last
you addressed to me communication, ac-
companied by exhibits and reports relat-
ing to charges made that certain contrac-
tors and others had wrongfully received
from the public treasury sums of money
largely in excess of any amount TO which
they could be justly entitled under the law.
You also suggested that you had retained
Judge E. T. Wells and Judge L. S. Dixon
as special counsel to assist therein. You
likewise requested that If, upon examina-
ton of the law, l should be of the opinion
that suits would lie to recover from any or
all of the contractors the amount received
by them in excess of the sums they were
legally entitled TO claim, would with all
convenient speed proceed to institute such
suits.
In my reply thereto, of the same date, l
stated that l would lat the earliest oppor-
tunity take such steps as will protect the
interests of the State"
In conformity with the above sugges-
tions, and in conjunction with the assis-
tant counsel employed by you, and of the
assistant counsel employed by myself, Mr..
H. RlddeIl, have devoted to the subject
that consideration which so grave an af.
fair demanded. ! now report to you my
con clusions in the matter.
No suits will or can be brought on ac-
count of these transactions, against either
Messrs. Graham & Weber, Messrs. Col
lier & Cleaveland, Messrs. Lawrence x
Co, Hon. James Rice or any State official
for the plain and simple reason that not a
dollar has been drawn out of the public
treasury by any person on account thereof.
Warrants have been issued TO the above
named contractors for the amounts of
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 exceilency, in the
following language:
"Thc 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 n re.
i
State warrants are not negotiable and
consequently the State may intcrpose its
defenses or objections to them in whose
ever hands the same may be. Hence, all
that is required to be done to absolutely
protect the State from any loss by reason
OF any Overcharge or fraud by contractors,
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 intcrpose its defense.
The recent decision of the Supreme
Court in answer to questions from your
Excellency shows that every Treasurer
is responsible on his bond for erroneous
payments OF the public monies; hence the
Trcasurcrs interest would compel him to
be careful about the payment OF any war
rants of doubtful validity. / will imme-
diately notify the present Treasurer, by
official communication, that the warrants
above referred TO are of questionable valid
ity, and that the same shall not be paid ex-
cspt after payment is compelled by the
courts, and TO make such entries on his
books will preserve this notification.
NhE NbuAu Suils Ut IL brought,
for such suits would necessarily be for
money had and obtained wrongfully, and
in these instances none has been obtained.
So far, therefore, us the present attitude
of the affair is concerned the State has re-
ceived furniture, stationery, printing and
other supplies for which it has, as yet,
paid nothing, and is not, therefore, in n po-
sition to sue, The issuance of warrants
10 Messrs. Bush 4 Morse is in the same
condition.
The other matter referred to me regard
ing interest alleged to have been received
on public monies, is under consideration.
return herewith the papers and exhib-
its transmitted to me. They should be pre-
served in your office for use in any suit
brought to compel payment of the above
described warrants. Respectfully,
(Signed) SAN w. JoSEs,
Attorney General.
We approve the foregoing conclusions:
l.. 5. DIXON,
Z. T. WELLS,