The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-11

provisions of chapter GOT, Laws OF 1899
the defendants. the executive board, are
constituted the sole authority to audit
and pass upon all existent claims against
said States Prison which are to be paid
out OF the bond fund. and 10 issue
warrants for payment of the same. and
any warrant so issued by the defend
ants and paid by the plaintiff will con-
stitute i'm the hands of the plaintiff Il
sufficient and valid voucher III respect
to the disbursement of the fund
Defendants say that when the Treas
urer made the request 10 make the war
rants separately the warrants had been
prepared and nearly all OF them issued
and as defendants are informed some OF
them paid by the plaintiff without cavii
or objection. That originally the de-
PENDANTS consulted with the plaintiff as
to the form of the warrants and he
was satisfied Herewith and approved
them And defendants further allegc
that it is not necessary THAT the war
rants shall show that the Indebtedness
named therein was incurred in the man
agemcnt Of said States Prison prior to
January 1st. 1892 tlrat the provisions
OF section : of chapter Coz simply
require that the plaintiff shall not min
gle the monies received from the sale
of the bonds with the either public funds
in his hands or with other FUNDS be-
longing to the States Prison. but shall
keep the same separate and apart there
from and disburSe them upon the war
rants issued by the executive board and
simply make report as a whole without
any separation as to the years when
the several debts SO paid were incurred.
That the provisions of the law for such
separation applies only to the disburse-
ment OF the regular recurring appro-
priations for the support and mainten-
ance of the various public institutions
Of the State. and does not apply to the
disbursement of the special fund provi-
ded for in said chapter 607 which is
distinct and separate from all other
funds in the hands of plaintiff. and
his report in regard to its disburse-
ment is not to be divided into one or
more statements of annual expenditures,
but is to he made as whole based
upon the warrants drawn ON the fund
by the defendants.
That prior to the issuance of any of
the warrants. plaintiff Worth asked the
defendants to furnish him with state
ment as to the accounts audited by
them to the end that he might De adj
vlsed as to the dates when the indebted
ness arose, which defendants promised
to do. And defendants ailege that
even if it be necessary for the plain
tI to show on his books the separate
annual expenditures as alleged in respect
to the disbursement of the fund (which
defendants deny, he can do SO by refer
ence to the statement which the de-
PENDANTS are preparing and which will
be furnished him. and that the form of
the warrants will in no way hinder or
prevent him from SO doing
And further the defendants allege that
the Treasurer paid certain warrants
drawn in like form as those he has
refused to pay and the plaintiff has
already established the precedent al
legged by him: and if as alleged by plain
tiff the establishment OF such prece-
DENT compels him 10 pay ''other war
rants of a similar kind" then he is ac-
cording to his own allegation in duty
bound TO pay the warrant which is
the subject of this action.
And for further defence That the
appropriation of $4,000 mentioned in
the complaint has been necessarily drawn
upon by defendants for the support ana
maintenance of the States Prison since
the 18th OF March, 1899, as follows:
For the purchase of teams. $40, OOO. 90
For the purchase of shrt-fac-
tory 100000
For the purchase of fertil-
zers $4,000
For pay-rols, March : to July
1, 1899 ............ 11,971.25
1892 II