The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-11-30
MANDAMUS AGAINST
STATE TREASURER
TheophiIus is Still Chasing
That Salary.
APPEALS TO STARBUCK
CLAIMS LEGISLATURE INCREAS-
ED HIS SALARY.
ASKS 81, 900 INSTEAD OF HIS OLD 5000
This is How Loge Harris and Gov. "Lex"
Russell Figured it Out For Him, Question
ofPayment Out Of State Treasury
The Most Serious Yet.

the Most SerlouS Tet
Thcophlus White doesn't propose to
give up without a fight.
That's not the sort Of duck Theophilus
is Hence he was made admiral Of our
navy and put on the flagship Lilly"
But it's not for his country Theophi-
lus is now battling, nor indeed for an
office. He's been doing this last named
for several months and has won out
But, alas, twas only half a victory. the
office he snatehed as a brand from the
burning turns out to be, on close IN
spection, very sorry sort of thing. It's
got no salary attachment. And what's
an office without salary? Vanity and
vexation OF spirit, or words to that eff
feet.
Anyhow, that's the view Theophilus
takes of it: so he's casting around to
see what may be done.
Already it's been told in these coli
umns how Theophilus came like a con-
qnering hero to the city when he heard
the Supreme court had decided in his
favor: how he swooped down on the
Treasury and demanded his back pay.
1t has been recorded also that Treas
urer Worth was exceeding sorrowfui
because he could not give Theophilus
the comfort he desired; but he straight
way counselled with the Attorney Gen
eral to know il some way might not be
devised whereby Theophilus might be
turned into the public crib and get his
pabulum.
That official suggested that there
were several ways by which a hungry
oyster inspector might be admitted, but
he was unwilling to take responsibility
for any of them. Treasurer Worth was
equally unwilling, So he played a game
Of stand-oif ON Theophilus.
Then Theophhus counselled with Loge
Harris and together they went to see
the Governor and all wept together in
sackcloth and ashes over the Supreme
courts terrible ignorance and oversight
in not providing a suitable salary for
an office cutoff to fit one of the faith
ful like Theophilus.
Then up and spoke His Excellency,
surnamed Lex, and advised Theophilus
to HE himself home. where Judge Star
buck is now holding court and get from
him a mandamus compelling the State
Treasurer to pay some sort of salary.
But what sort--that was the question.
Under the act there seems to be all
sorts and yet no sort.
''The biggest in sight" said Loge.
That's the stake to hustle for. Now
in your place the Legislature appointed
seven commissioners. These were given
salary of $400 each a year That is
81, 800 per annum. Ask Starbuck for
that. He can do nothing more than
refuse And if he does, why drop to
your S75 per month, and il you fail
again, why $50 is better than nothing.
This advice found Judgement in
Theophilus' breast and this morning he
leaves for Washington, n. c., to make
his prayer before Judge Starbuck.
Was man ever in more deplorable and
at the same time more ridiculous plight
than is Theophilus? The Supreme
court put him back in office under Hoke
vs. Henderson. And it is this same Hoke
VS.. Henderson that says, on page 81:
Suppose the Legislature to refuse to
elect these officers, or to give them
salaries, or after assigning them sala-
ries in the statute, to refuse to lay
taxes, or TO collect a revenue to pay
them. All these would be plainly
breaches of constitutional duty: and yet
court could give no remedy, but il
must he left to the action of the citi-
zens at large to change unfaithful for
more faithful representatives"
Chapter 81, Laws of 1899, forbids
the Treasurer to pay any compensation
to any persons claiming the same for
services rendered in the shell fish indus
try except those elected under the Act
of 1890.
The Attorney General recommends
the Treasurer to disobey the last act.
And so Hoke VS.. Henderson is to be fol-
lowed to put White in. 1t is to be dis
regarded when it stands in the way OF
his being paid.
The Legislature is sovereign over the
Treasury. No money can be paid out
except by its statute. The Supreme
court, as now constituted, has said it
has no control over the Treasurer to
order him to pay anything except to
| compel him to obey what the Legisla-
| ture has directed. Lit can not direct him
to pay when forbidden by statute.
The control of the treasury is the
power that controls the government. 1t
will not be yielded for $50 per month,
nor for 5 cents d month. Fhe Treasurer
| is not the treasurer of the court He
| takes his orders from the law-making
powers alone, for the constitution says
no money shall be paid except by au-
thority of law
| This is the most serious matter yet.
To yield control of the Treasury gives
up the last hold the people have If a
court can order White paid $50 contrary
to statute forbidding it, they can order
pay of Special Tax bonds contrary to
statute. Read 122 n. c. last half of p.
253, February term, 1898. The Attor-
ney Generals advice that the Treasurer
can pay fwhen forbidden by statute) the
public funds to anybody, if followed,
would result in the removal of both
himself and the Treasurer by the Legis-
latme'