The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1895-11-05

Justice Tor n6E. W.
members of the COMMITTEES, Campbell
60 PbiIIips. unknown to Mrs. AIRING
ton and others, were addicted to the
d~;nk habit. After the passage of this
r~oeo1ution it is said that certain inter
49, narties made it a point to keep
Comnbell and Phillips full of a high
orade of old rye whiskey, and when
rbev ought to have begun this investi
cation, Immediately after the ratifca-
ton of the resolution, they were too
drunk to tell the difference between a
hitching-post and a steamboat. The
meeting was a drunken farce.
The only hope was to send them home
and let them get off the spree. Shortly.
after the adjournment they again met
in Raleigh. The whiskey dispensers
were on hand, and Campbell and Phil
lips got gloriously drunk, and stayed
SO. In September last they met again
and made a fair start, but the tempter
again got in his hand and Campbell
and Phillips painted everything red
before they left.
About this time the State Treasurer
began to turn down warrants for the
pay of the committee. Campbell Sc
cured a warrant from the Auditor for
about 500. A Raleigh bank cashed it,
and is still waiting for the money.
MI. 7. r. Purnell, employed by the
committee % as attorney, has sued the
State Treasurer for his fee. The Su-
preme Court decides that the intention
of the law was for the committee to
meet Immediately after the passage
and ratification and continue in session
until the work was done; also that the
resolution gave the committee no power
to employ a attorney, therefore the
State Treasurer should not pay him.
Here is a digest of the decisions:
Bank We. 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 by it to investigate the af-
fairs of one A, "shall find the facts
from the evidence, and report said
facts and also set out the evidence in
full in said report and make their re
port to the General Assembly, if it is
possible to do so before its adjourn
ment, 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.
2 According to precedent, an express
provision in such resolution or (at least
q clear implication from it's terme, is
necessary to empower the committee
to sit in vacation; and although such
provision is made unless the resolu-
tion also provides for the compensation
and expenses of the committee, there is
no authority of law for their payment.
3. AS the meaning of the resolution
was that the investigation should be
made during the session, merely leav-
ing the report to be filed (f it should be
necessary after adjournment; held,
that the provision for the payment of
the necessary expenses of said COM
mission while actually engaged in said
investigation" means only the neces
sary expenses of making the investiga
ton, I. e., summoning and expenses of
witnesses, ETC., and cannot be construed
so as to include per diem and mile
age" for which the resolution makes
no provision.
4 SembIe. Reasonable bond bills are
probably included in the term reason
able expenses"
4 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'a
duty to examine such warrant and as
certain whether the same has been
authorized by law, for which reason the
Code, s 1850 CD, provided that the Aud
itor shall put in the face of the warrant
the act authorizing the same. The
Treasurer is relieved from such liability
only upon the advice of the attorney
General. Error-Reversed.
T. R. Purnell (appellant) VS.. w. H.
W. Worth, Treasurer of North Car,
DINA, from Wake county. Opinion
by Clark, J.
1. The Legislature has uuquestiona.
BILE authority. should they deem it nee
essary, to authorize a committee tc
employ counsel.