The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-10-31
THE ARLINGTON CA< Es.
Old H0ola- Boom Comes Out Ahead
and PurnelI Gets Nothing.


The decisions of the Supreme Court on
the appeals in cases relating to the Pee
dybee Committee were announced yes
terday. The following digest, prepared
for this paper by Perrin Busbee, Esq
gives the grounds of the decisions:
Bank VS.. w. FL. Worth, Treasurer of
North Carolina (appellant) from Wake
county. Opinion by Clark, j.
Where a resolution of the General
Assembly provides, that the committee
appointed y it to investigate the affairs
of one A, ''shall find the facts from the
evidence. and report said facts and also
set out the evidence in full in said re-
port and make their report to the
General Assembly l. it is possible to do
so before its adjourn ent, and if not
then said report shall be made to the
Supreme Court; Held.
1. That no power was conferred on
the committee to do any act after the
General Assembly should adjourn ex-
cept to make this report.
Q. According to precedent an express
provision in such resolution or Cat l. asst
clear implication from its terms, is neces-
sary to empower the committee to sit
in vacation; and although such provis-
ions is made) unless the resolution also
provi les for the compensation and ex-
penses of the commi ee there is no
authority of law for their payment
g. AS the meaning of the re olution
was that the investigation should re
made during the session, merely leaving
the report 10 be filed Cf it should be
necessary after adjournment; Held,
that the provision for the payment
of f.the necessary expenses of SAID
commission while actually engaged
in said investig3t on means only
! the necessary expenses of making
the investigation, /. e., summoning and
expenses of witnesses, to-, and cannot
be construed so as TO include ''per diem
and mileage" for which the resolution
makes no provision.
4. Semble Reasonable bond bills are
probably included in the term ''reasona
BILE expenses"
B. The objection that, as the auditor
had given his warrant the Treasurer
had no choice but to pay it, is without
merit.
The Treasurer is not protected from
liability on his official bond because the
warrant paid by him is duly approved
by the Auditor; it is the Treasurer
duty 10 examine such warrant and as
certain whether the same has been au-
thorizad by law; for which reason the
Code, Section 1850 ~, provided that the
Auditor shall put in the face of the war
rant the act authorizing the same. The
Treasurer is relieved from such liability
only upon The advice of the AT orney
General Error-Reversed
T. R. PurnelI (appellanD vs.. W. FL.
Worth, Treasurer of North Carolina,
from Wake county. Opinion by
Clark, ].
/. The Legislature has upquestionable
authority. should hey deem 1t necessary,
10 authorize committee to employ coun-
sel.
o. When there was no such express
provision in the resolution and the com
H1ittee was not authorized to pass upon
any legal question or make any judicial
determination, but simply "Co find the
facts from the evidence and report said
facts and also set out the evidence in
full IN said report" there is no authority
by implication 10 procure the assistance
oil sounsel.
o. re plaintiffs remedy to procure
compensation for his legal services is By
application to the next General Assem-
bly,. No error.