The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-01
The Pen CLAIMS
AND BOND FUND
The Fund is not Liable for
New Debts.
SAYS SUPREME COURT.
THE IN-PARI MATERIA DOC
Urine DOES DUTY AGAIN.
NEW WARRANTS must BE MADE OUT.
Warrants Must be Drawn for the Debts Con-
tracted Before January LIST and Other
Warrants for the Later
nahfc
cebts.

The Supreme court yesterday decided
vs.. WORTH in favor of the State
Treasurer and against the Executive
Board of the penitentiary directors.
The case, it win be remembered was
brought by Arendell, manager of the
Central Prison here, to test whether the
fund now in the Treasury, arising from
the sale of the $4,000 of bonds au-
thorized by chapter GOT, is liable for the
payment of the current expenses of the
penitentiary for the year 1899.
The plaintiff Arendell and the Execu-
tive Board claimed that it was so liable.
They said that they had drawn out of
the Treasury for the support and man
agement of the States Prison up to
July LIST, for the current expenses of
1899, the sum of SD, 992. A. This
would leave, of the $50, 900, appropriated
by the two acts of 1899 chapters 342
and go, balance in the Treasury of
$40, lis. But the plaintiff and the
Executive Board contended that unless
they were allowed to draw on the funds
arising from the sale of the $4,000
bonds Chapter 600. many debts due by
the States Prison must go unpaid.
This of course says Judge Furches,
in concluding the opinion of the court,
would be unfortunateT-they would like
ly be provided for. But it is only rea-
sonable to suppose that the Legislature
thought when it appropriated $4,000 for
the support of the States Prison for the
year 1899 lmore than twice as much
as had ever been appropriated for any
one year before) that that amount would
be sufficient to pay its running current
expenses.
I'VE are of the opinion that these acts
are in pari materia with the act of The
18th of March, 1899, chapter 607 Taking
and considering these acts together, as
we must do, we cannot believe it was
the intention of the Legislature that the
funds arising from the sale of $4,000
bonds under said act tchapter GOO Was
intended to be used to defray the cur
rent expenses of the States Prison for
the year 1899. To the State the case,
it seems TO us, is TO furnish the argu-
ment against the contention of the plain
tiff and the Executive Board. 1t could
not have been the intention of the Leg
islature to add an additional fund to the
$55, 900 specially provided by the other
acts for the support of the State $
Prison for the year 1899.
1--WE therefore hold that this fund is
not liable for the payment of the war
rants of the Executive Board of the
States Prison for then current expenses
of the year 1890 and that there is error
in the Judgment appealed from.
THE Judgment appealed from is re-
versed. The plaintiff Arendell is not en-
titled to judgment, and it appearing that
the Executive Board has in its possession
data from which it is enabled to separ-
ate the indebtedness existing prior to the
first day of January, 1899, from that
created since that date, the defendant
Worth, State Treasurer, is entitled to a
writ of mandamus as prayed for by
him.
Under this opinion the Executive
Board must make out anew nearly all
the warrants for claims against the
penitentiary, and in doing SO must put
in separate warrants the amount due up
to January LIST and the amount of the
debt incurred thereafter. Only those
debts due up to January 1st can be
paid out Of the bond fund.