Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1894-07-20
TOLD YOU so!
THE LAST KICK OF klCKERS
KICKED INTO OBLIVION.

iHe lASl MIN OF hiONCho
KICKED INTO OBLIVION.
One by One the Objections TO Full.
I fillment OF the Peoples Will, as
! Expressed at the BaIiOt.box and
! ny Their RePresentatives.D isaP.
pears Warrants on the Capital
Fund Legal and Not n Debt OH
I the state.
/ The Supreme Court last Wednesday,
in considering an application for a
writ Of mandamus to compel the State
Auditor to issue warrant ON the Cap
itol fund for pay Of Commissioner AL
len. which was refused on the ground
that there was no money in that fund,
has decided the question raised wheth-
er or not the State would be liable for
payment of these warrants from the
general fund. or would not their hold
ers have moral claim for legislation
to place them on that basis should
sale of the lands be delayed from any
cause. The decision is plain and I'M
equivocal. The purchasers of the
warrants will have to rely solely on
the security provided for their redemp-
ton.
The opinion in full, by Judge Stiles,
is as follows:
"The respondents refusal to issue
the warrant is alleged to he based upon
the fact that none of the lands granted
to the State by the Federal Govern
ment. for the erection OF public build
ings at the State capital have been
sold, and there is actually no money
| in said fund with which to pay the
warrants.
"By the enabling act, Congress
granted to the State, 1872 900 acres of
| land for the erection of public build
ings. This grant, as we view it, was
in the nature of trust imposed upon
the State to select the number OF acres
granted, and apply the proceeds OF
their sale to the purpose mentioned.
In the prosecution of its trust, the Leg
islature, which is the executive hand
of the trustee, the State, has provided
in the first place for the selection and
sale OF the lands by the act of March
9, 1898.
THE petition recites that upwards
OF $1,000 acres have been approved by
the duly authorized agents OF the
United States, and that the appraised
value OF these lands is 81 300 600. In
further pursuance OF the trust the Leg
islature has provided for the erection
of State capitol building out of the
funds to be derived from the sale OF
the lands mentioned at cost not ex-
ceeding 81, 100000. The act of March
81, 1898, contains section 10, which is
as follows:
9" In order to carry out the provi-
sions of this act, there is hereby Great
ed fund to be known as the capitol
building fund, into which fund shall
be paid the proceeds of all moneys de-
rived from the sales of land granted to
the State of Washington for the pur-
pose of erecting public buildings at
the State capital from which fund
there is hereby appropriated the sum
of 1925 900 for the fiscal year ending
March 81, 1894, and $275,OOO for the
fiscal year ending March 81, 1895; pro-
vided: that no appropriation shall he
made from any fund except the fund
derived from the sale of lands granted
for erecting public buildings at the
State capital
at thus appears that the intention
of the Legislature is to limit all pay
ments of money expended for the
erection OF a State capital building to
the money actually derived from the
sale OF lands granted by the govern
ment, and to make the intention more
apparent, the proviso to Sec. 10 pro-
hibits any appropriation. or more
properly, payment, from any other
fund. The idea of the creation of a
debt against the State is by the Ian
guage used, expressly negatived.
There is under the law absolutely no
obligation resting upon the State to
pay any sum whatever, and those who
may receive the Auditors warrants
will be limited in their rights to the
requirement of the proper officers to
perform their duties as prescribed by
the statute. Even were the law such
that the State could be sued upon an
ordinary contract, the same as an indi
vidual, no cause OF action could be
stated against it by the holder of
warrant.
"The object of the constitutional
provisions mentioned was to insure
economy in the management of the
States business affairs by taking away,
even from the Legislature, the power
to create obligations on behalf OF the
State which would necessitate taxa
ton to meet them. But in this case
no such obligation is proposed and no
taxation can result from the erection
of the proposed building. The State
has received liberal gratuity from
the national government in the shape
of lands, the proceeds of which must
be devoted to specific purpose. 1t is
now attempting to carry out the OBJ
ject OF the grant and the only ques-
ton is whether the Legislature has
authorized the officers having the bust
ness of erecting capital building in
hand to anticipate the revenues to be
derived from the sale of lands. More
than half of the lands having been Sc
lected and the selections approved by
the government, they have become the
property OF the State. An appraise-
ment has been made which consider
ably exceeds the entire expense per-
mitted for the proposed building. We
are bound to presume that the officers
to whom is committed the duty of
selling these lands, will perform their
duty and that in due course of time
funds sufficient to meet all demands
arising from the erection of a capital
building will come into the possession
of the State Treasurer; and therefore
the position of such warrants as may
be issued before any funds of this class
are actually in the treasury, will be
that which often occurs where public
warrants are drawn upon a fund which
has been provided by law but which is
not yet realized.
"Under this condition OF affairs, We