Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1896-12-17
WARRANTS ILLEGAL
Supreme Court Decides Against Paying
the Premium on -ugar
LEGISLATIVE NEGLECT PROVES FATAL
80 Appropriation Having nccn Made
for the Payment of the sugar
Bounty Provided for,
IL Fails.

LINCOLN. Dec. 16.-(spccslJ- SUI
prcme court has decided that the payment by
State Auditor Moore Of some $4,000 in war
rants for sugar bounties to the OXnard COM
pany Is Illegal. The opinion, written by Com
missioner Irvine, was handed down late this
afternoon. There was no dissenting opinion
filed. The bill, passed by the last session
OF the legislature, provided for the payment
Of nve-cighths cent per pound by the state
as a bounty to the sugar manufacturers for
all sugar made in the state, and 1 cent a
| pound bounty for all sugar made by new
manufactures started subsequently to the
passage Of the law This bounty was made
contingent upon the manufacturers paying
| for sugar beets at the rate OF 50 per ton.
The bill carried no appropriation for the
! payment OF this bounty, nor was any subse-
quent appropriation made for this purpose.
! But the manufacturers went ahead and paiG
| for sugar beots at the rate of S. a ton, and
! along in December last applied to State
/ Auditor Moore for the accrued bounty. The
| auditor issued the warrants for Si6 000 The
! position OF the auditor was attacked in sew
| eral quarters, and Attorney General Church
| i'll advised State Treasurer BARLEY to pay
! no money on the warrants when presented.
| This action, of course, discredited the war
| rants, and the company in whose favor they
were drawn has so far failed to hypothecate
! them. Some six weeks ago the representa-
| tives of the company applied to Auditor
| Moore for warrants for $SO5 then due, and
| requested him to refuse to draw them. The
auditor at first refused to do this, as he said
ne ala not purpose to dlscreuit MS own at
| tion taken previously. The company,
however. urged that it was anxious to
make test case of the matter in the SUI
preme court. II desired a decision in order
" i"ict w N"i'uitJ vi 'u' SfpVuv III war
| ttHI,t ,l,
| ma no sale. In accordance with this the
auditor did refuse to draw the warrant for
$500, and the Oxnard company mandamused
him FolIoving is tha svIiabns.
Ct. $50, ' ~ ~,
S,Ig % 1NruivSha tx rci ne Norloik i5eet
Tn""Eintl Collpu.S dSainSl Moore, HuHltor OF
punlc accounts. Mandamus. Writ denied.
opini9n 10y COMMISSIONER irvine.
l,r,,t,fiOs r ~ a,,n' CnnptsSr proVluins
state carries no prrnnrIi ror ,b We
| ment of such bounties, ana there being no
appropriation for that purpose elsewhere
issue arTant In , iTST't' no TO
3 our constitution requires a SPECIFIC APP
PIoprl3uon made by law to authorize the
expenditure on puDhc FUNDS. In the absence
GERS have no bower to n5,e sNCI cNro MI
ture, no matter how great may be the
states moral or legal obligation to pay.
.. an appropriation "lthln the meaning of
OF oi Is me sti.lhS a3art by law
for a specified purposC. so Thai he oIcc,tive
officers are authorized to cXDend that sum
and no more for that purpose and no other.
4. AN APPROXIMATION Is not specified If 1t
lea , iwJ t ~ 10 pe SNI.Haed 70 be nm
regularly be made iInon il hv the rani,in lty
the amount of those claims being uncertain
o. Appropriations can only extend to the
e iu OF me next ilScal quarter succeeding
Of tho i"uiitr - tAr iSSular session
express terms enduring for u LONGER pSrini
cannot be construed as carrying an appro-
nriation without making void as in con
ny M VII WLLlm thc c9nS iItulloh.
stotute and Ionpi,agn Of sIT,iisr I i,, m
viousiy been used in other acts and has re-
ceIvcd practical Interpretation by the leg
slative and executive departments of the
s,oNeImhmhent; Nhiie SuGh practical construc-
ngr the ntfer 3mt IL t WIN opr H. GohstrH
sumcd that the language of tho i,tyerp act
was adopted with view TO such practical
construction given the earlier act.
In the supreme court today the Woodruff |
Dunlap printing matter was continued until |
next term.
WILLING To SERVE AS SECRETApy |
Anon, ,ba ,,,,r on,,,oo.a g, -, |
tion or secrnt,rv of tbe Stat d. ,on ne pos,
r.tion aro Nossrs pobrto,,r, 20 81 vi mr. |
Sir,,,,o,,, =, Ca,,ra, CIt, 'T e., 1l OIu anu
Tho Latter uos an nTIio NC, .oh county
A. tho limo NJ Tho aI.ntion t Lo' , tne pIacS
80 Sn.tn, , a. a"V t es.t ~ Tue Doaiu
Tod,v nar;oI WaLosotI - WI eouh'y.
hronrbt into tou,n a"d H., w III ~ was
iaii - sar,,o t Gnu p,ae'u IN the county
fnr .Dtt14 nd httf
Me- III, iI a., IA, -, INC complaining
trt,'e nm, ~" ~ OWL S WE -,
o,,ain.t M,Crn,5 uSiise caSe vi fhiilips
lie t ditnit ~, r las peen On tTlal
,.,,,oI 'oi ,nu pas weeh' TINS
pbi,Iia, ,,i 49,, ,y NUNS INA,
&c on ',r' nav maaseu III lhe sum OF
9 So 10. ulon JuusLlent was rendered
.nia5 .ne my tl'e ease mas Deeh
t nSS sans oeeh rendered against
M, Dau' iot @-,9Oo III lhc previous trlal'
me. me SUI "IoSe oIl vi a NUMBER OF business
iah'"' I, Mt'Gn hcCreauS hau WIN fhil-
h iipS' me iS''tt oiIiLleu mat McCready
nav hau u1'i auue" mn ny uer.lt, OUT OF All
NJ NJ nau III t ne o WORTH ne asked damages In
tIie SUI VI F',oVU; 'uuSe null III MS charge
~ ~ ' 'ne Jury, a'Iu. me Jaw uoes not re-
.a .i person on rom 'he ehects OF an I'M
WIS.,; p4u' LooiiSh OF losing trade where
NO Iieua VI Ie'Git Is prStticeu, by the
T rl setlllg the Detlet ehu OF the bargain
re law concentrates that men snail deal
WIN each oLher IN business transactions
on rr l',e siu"it' opl"iy, IaIIiy, honestly II
aupIus iei,eI 70 the uJuIeu man only when
ifanuulent . act OF one win whom ne deals