The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-03
DILDINE WINS HIS CASE.
The Audit of the State University Com
mi.sioners sufficient.

Special Dispatch TO the Standard.
Helena, Aug. 1.-THE supreme court to-
day adjourned for the summer recess af-
ter disposing of some reading motions and
handing down one opinion. The latter re-
lated TO the writ of msndamus recently
applied for by George Dildine, a contrac-
tor on the state university at Missoula.
The state treasurer refused to pay Dill
dimes warrant for S2,Sl7. so for work per-
formed because the claim had not been
audited by the state board of examiners.
Dildine thereupon applied to the supreme
court for a writ of mandate ordering the
treasurer to pay the warrant. The attor-
ney general dsmurred. The legal question
raised by the demurrer was whether the
petitioners claim was a claim against the
state within the meaning of the constitu-
ton and the laws. The supreme court. by
its opinion. written by Justice Hunt. says
hat the statute providing for the cree
tion and equipment OF the university
building was passed after the decision of
the supreme court I'm State VS.. Cook.
which involved a construction of the at
titude of the state toward the funds aris-
ing by the sale OF lands donated to the
state by the act Of congress admitting the
state into the union. IL was held in that
case that funds so realized were trust
funds, but that they were not state funds
In the sense that moneys realized from
taxes and in the public treasury are state
IuiluSs AAdA the Sldtt Is 10 pc FtbdTutu III
the light of an agent for the execution of
a trust, but that no state debt is created,
or can be created. and that the people of
the state Constituted no money to the
fund. The court says:
1T is really a donation by the federal
government and is upon a different foot
ing entirely from funds arising by taxa
ton and out OF which are built. for In
stance. reform schools, soldiers homes,
a~rsenals. penitentiaries and asylums. not
included in the enabling act. all of which
are state funds TO be disbursed as expen-
ditures Of the state. and which are
brought fairly within the meaning of the
constitutional limitations and restric-
lions"
IL is then held that the commission has
a right TO directly pass upon claims aris-
ing out OF contracts entered into for the
erection OF the buildings and the furnish
ing of the same, but that the state board
of examiners must pass upon expenditures
for interest upon the bonds or the ex-
pcnses of the issuing of the bonds.
The court says, as 70 its ruling on the
RICH of the building commission TO pass
directly on claims arising out of the con-
tracts: THE purpose of this more direct
procedure are not important to consider.
but doubtless facility and expedition
were considerations which led TO the
mode adopted The Legislature probably
thought, too. that a building commission
of five persons appointed by the governor
and residents Of Missoula. where the
buildings are being erected, who would be
always on the ground. would be just as
careful in making the donation thoroughly
advantageous to the state. and just as
Vigilant in the execution Of the details Of
the trust and as cautious In the allowance
OF claims as would be the state board Of
examiners sitting at the capital"
The writ OF mandate prayed for is or
dered to be granted After
the decision the court took q recess until
Sept. -.