The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-03-21
A Larger Sum was Appropriated
Than the State Treasury
Now Contains
Attorney General Holds That
Much Of the Legislation II
Unconstitutional.
Former Employees Of the Great NortherE
Bring Personal Damage Suits
Against the Company.

~ D0SA0 WV ~
the state. The attorney general takes the
ground that all appropriation bills passed
by the Legislature In excess of any money
now in the state treasury, or that may come
in during the fiscal year prior TO December.
1891, arc unconstitutional, null and void.
The legislature, at its late session, appro-
priated 100000. The attorney general
sayd there is less than $4,000 with which
ia pay these appropriations. II the supreme
court decides according to the attorney
generals view, a good many people will
have to whistle for their money, amounting
in all to about $780, COO. Included in this
amount is $4,000 appropriated for this year
for Montana's Worlds Fair commission.
Here is the attorney generals list Of laws
which will be void il the court
agrees with him: For the benefit Of
state law library, 81. 1850; salaries of officers
and members of the first legislature dead
lock- and mileage. 5000; for the relief Of
r. G.. Humber. $3.50: expense of caring for
II, 200; salaries and expense Of state boiler
inspector and assistant, 1920; salaries OF
district judges and salary and expenses OF
mineral land commissioner, $4,000; claim
officer, company and reoimental band Ma
tional Guard, $1,000; the ordinary expenses
OK 6tHGo QOV0EuLuouG lO1 Vu6 uE6V u6ChA y0hEs
ending Dec. l. 1897, and Dec. l, 1882, $48,-
$50; relief of certain employees of the legis-
lature, S45; relief of heirs of A. @. Witter,
S198; bounty claims, $6,O57.6 go; support of
law library, $1,480; for the payment of all
claims against the state approved by the
board of examiners reported to the
for the relief of @. r. Reardon and others
81, 677. 80, to cover certain deficiencies in
appropriations made for the payment of
attaches of the senate and Charles M. JEFF
ferris for services as deputy sergeant-at-
arms of the senate at the first session
RI, 1870; for the appointment of a custodian
Fort Ellis 5000; for the collection, arrange
ment and display of products Of the state
at the Worlds fair for this year $4,000.
The second point made by the state in its
argument before the court yesterday is that
the auditor cannot draw his warrant for
any sum unless there is money in the treas
ury to pay it; and that the state is now 60
ing on a cash plan; that if these warrants
are issued it would create an indebtedness
OF more han 100000, which is prohibited
by section two article Ii of the constitu-
ton.
McCutcheon Il Mcintyre made the argu-
ment for the journal Publishing company.
who apply for the writ Of mandate to COM
pei the auditor to draw a warrant to pay
them for printing work. Cullen, Sanders
q Shelton represent other parties who ere
interested in the out come of the case. Mr..
Mcintyre takes the ground that the Jour
nal company has a claim against the state
arising out Of a contract between it and
the territory Of Montana; that under it his
client has performed work for the territory
and state to the amount of $1,000. The
claim has been audited, allowed and ad-
proved by the state board of examiners and
certified by them to the Legislative assem-
blp H., ki,n 81 n Mt n y,v,rnYo1 in Morch 1901
for the payment Of all claims against
the state approved by the board of examin-
ers, and reported to the legislature, a sufi-
GENTLY large sum of money was apprO-
priated by law to pay the claims therein
mentioned, among which was that of the
refuses to issue his warrant. His refusal TO
draw this warrant because the legislature
may have appropriated a larger amount
than that in The treasury, is no excuse.
The fact of funds in the treasury is not a
condition precedent to the auditor action,
and this is to be seen unmistakably from
| the compiled statutes, which provide that
warrants shall bear six per cent interest
from the time of their presentation to the
treasurer, and which makes % per cent of
the warrants receivable in payment of taxes.
Mr.. Mcintyre understand that the auditors
action is based on the idea that he should
issue warrants in the order of the date of
ture making appropriations and only after
payment Of the first set or series. Mr..
Mcintyre says he knows of n authority
for this. The consequence would be the
possible p%ostponement for years of the is
suance of a warrant to his client and the
consequent deprivation of the substantial
rights which are his.
The court after hearing the arguments
adjourned until Monday morning at ten,
when it is expected a decision will be given
in this important case.