The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-11-15
WON'TPAY WARRANTS
Supreme Court Says There's No
University Appropriation.
WHEAT IS CENTS At COLFAx.
Gov. Ferry's Thanksgiving Procla anna alton
Fatalities I'm Orcgon-Chinese Crew
at Vancouver Defy Ofncers.

OLYMPIA, Nov. A-fspeciall 1.-The supreme
court today handed down its decision in the
university warrant case, denying the applica-
ton Tor an alternative writ OF mandamus, the
case being that of the state, by relator the Post
Intelligencer Publishing Company VS.. A. A.
Lindsey state treasurer. The decision says in
part:
1t would seem clear that the treasurer would
be justified in paying warrant unless there
was an appropriation made by law TO meet IL,
aud that any warrant issued without previous
appropriation would be unlawful, since a war
rant is merely an order for the present payment
OF money out OF the treasury. The treasurer,
therefore, being in q position where he is
Wen qualified as the auditor to say whether or
not there is an appropriation, may lawfully
question the legality OF any warrant on that
ground.
The remaining question in this case, then, is
whether or not there is an appropriation made
by law to meet the warrant before us. Appro-
priation, applicable to the general fund in the
treasury, is defined to be an authority from the
legislature, given at the proper time and ia
legal form. to the proper officer to supply sums
OF money out OF that which may be- in the treas
ury in given year. to specified objects or de-
mands against the state. Such being the defini-
ton OF all appropriation, we next turn to the
act providing Tor the organization of the board
ofeuniversity land and building commissioners,
and mud therein no appropriation whatever.
We do find, however, that by the seventh
section of that act the treasurer is required
to keep separate and permanent fund to
TO be paid all moneys received from the sale of
university lands, and all appropriations made
by the state for the support aud maintenance of
the university, and ali other moneys paid or re-
ceiyed Tor the use OF the said university from
other sources. And We also find in the general
appropriation bill for the years 1912, the sum
oil $4,000 per year, appropriated for the maute-
nance of the state university, which sum, under
section above mentioned, was to be paid into
the university fund
The relator maintsins that its warrant is pays
bic out OF the appropriation for the mainte-
nance of the university in 1891 which is con-
coded not to have been yet exhausted.
The act In question Is entitled "An Act provid-
ing for the establishment, location, mainte-
nance and support OF the University of Wash
lngton, but the real purpose of the law seems
To have been to provide commission whose
duty it would be to gather together the property
held by the state for university purposes, or to
which 1t is entitled for such purposes, to sell
certain lands, TO relocate the university upon
school land section 1t, township 25 north range
east and to erect upon the new location "a
university building OF such dimensions as may
be suited 10 the wants OF the state, and of such
other buildings as may be necessary for the use
OF the officers, professors, students and en-
ployes OF said university" No limit whatever
Is set to the amount of expenditure which
may be incurred for these purposes and
it is fair to BAY that the sum of $4,000 would
not be beginning for the scheme here pro-
posed. The act does not pretend TO give to the
board established by ii any voice in the control
or management oil the university as it is now
constituted, or as 1t will be when it is removed
itself recognized the board of regents consti-
tuted by the act OF March n, 1890 %. $685. and by
reference TO the latter act we find the entire adj
ministration of the institution vested and con-
tinuIng III that board. 1t also appears that I'M
der the act OF 1890 the regents have sources of
revenue only tuition fees and the annual appro-
prlation made by the legislature, and that they
are prohibited IRON mourning any expense be-
yond their annual income
Now there was no other university appropria-
ton for the years lo9l92: therefore, if the board
IN mi agin drat
upon the appropriation Tor the maintenance of
the university for their purposes, the regents
would very quickly be left without any funds
Whatever, ana As they can now create no debt,
the institution must soon stop its invaluable
work.
Did the legislature contemplate such a result?
we cannot reach that conclusion. 1t seems en-
tirey probable that it was ex pected that under
the provisions of the act the present site in the
city OF Seattle would be sold at an early date for
large sum, and that the money thus realized
would be at the disposal of the commissioners for
building and other purposes; but there was no
intention that the moderate annual sum set
apart for "maintepance' would be diverted TO
any other object In this conclusion we are
further strengthened by the final clause of the
tenth section OF the act, which makes it the
duty OF the treasurer to pay ali warrants drawn
by the auditor upon bills certified by the board
OF land and building commissioners "out of
any money in the university fund not otherwise
appropriated" Clearly the sum set apart for
the maintenance of the university is "other-
wise appropriated" although it is Il part OF the
iund known IN the treasurers books as the
university fund"
There being no appropriation upon which the
REALTORS warrant could he drawn, 1t follows
that the alternative writ must be refused. But
before concluding this opinion we deem il
proper to guard its future construction by the
statement that ii is not our intention to rule bv
any inference, that the auditor might not ex-
anime and approve an account against the state
mot Issuing warrant therefor) for the expenses
of one OF lis public institutions of necessity or
charity existing under general laws, of its
governmental offices, where no appropriation
has been made, or where, by reason of unfor-
seen circumstances the appropriation made had
been exhausted.
The alternate writ is denied
t. L. STILES, J.