The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-04

of the penitentiary and Capt. W. IL.
Day was appointed: that immediately
after his appointment Day employed
board of expert accountants to ascer-
tain and report the Indebtedness of
the institution up to January l, lS.E:
that said committee thoroughly investi-
gated the affairs of the penitetniary
and ascertained its Indebtedness Tin
Guiding the $4,000 of borrowed money
due the State Treasured to be about
$4,000.
.. That ON January 18th. the General
Assembly passed an act appointing
a Joint committee ito investigate the
mana cement of the State penitentiary,"
and that committee found and reported
the Indebtedness up to January l to be
about $4,000.
s. That on January 18th the General
Assembly passed joint resolution call
ing on the Governor for reports OF
the superintendent of the pententiary
for the years 1897 and 1898, but the
defendant is informed that no officer
of the State or of the penitent'ary
was ever called on for report OF me
expenditures of the penitentiary subse-
quem to December 81, 1893. nor was
such report ever furnished the General
Assembly or any committee arpolrted
by it; also defendant believes the Gen
eral Assembly had no means Of knowing
whether or not any debts had been Gre
ated by the pententiary Subsequent 10
December 81, 1898. or if so in what
amount and that no part of the indebt
edness for the year 1899 was taken into
consideration in the provision for il bond
issue.
4. That on January Goth, 1899. The
General Assembly passed an act ilCor-
poratng the States Prison OF North
Carolina and provided therein Tor a
board of directors to enter upon their
duties the 10th of February. 1899, and
also for an executive board OF 'hree,
thereby placing the States prison uI-
der new and entirely different man
agement. The directors met on Feb
ruary 10th and organized and since
that time have been in charge and
management Of the States prison. The
defendant believes and AYERS that the
General Assembly never intended TO
provide for the payment OF debts in
cured by the new management. but
intended to provide solely FOR the debts
made prior to January /. 1899, and
for the period covered by the commit
tees investigation.
). That on March Sth the General
Assembly appropriated So0.OU0 annual
ly for the maintenance and support
of the States prison for the years 1899
and 1900. And the defendant is advis-
ed and AYERS that the General Assem-
bly, intended to limit and did limit the
expenses for the maintenance and
support of the States pension to $4,000
a year. and as State Treasurer he has
no authority to pay out any moaeys
for this purpose for 1899 out o. the
funds received from the sale If bonds.
i. That the General Assembly at the
recent session passed and ratified sun
dry acts which show thar il never in
tended that the funds arising from the
sale of the bonds should be applied eX
clusively to debts due by the State on
account of the management of the peni-
tertiary prior to January I. 1899.
Z. That prior to the bringing of this
suit the defendant demanded of, the eX-
ecutive board that they draw all war
rants so as to show what portion of
the accounts for which said warrants
were drawn was incurred for the year
1899 and what part thereof for previous
years, which they refused to do: that
section 8 of chapter 6Ul Of the Laws
OF 1899. under which said bonds were
issued and disposed of, requires the
State Treasurer to keep separate ac
counts of all moneys received and dis
bursed under said act. and 10 inclliGe
the same in his regular annual report:
and the defendant is required by law
to show on the books of his department
the expenditures Of each fiscal year.
and from the face of said warrant the
defendant is unable to learn whether
the Indebtedness sought to be paid
thereby was incurred during the year
1893 or during the year 1899. and the
officers who are required by law to
examine his vouchers ana pass upon
his accounts could not certify as 10 the
correctness thereof: that said warrant
would be the only voucher in the
hands of defendant as Treasurer for
the payment of said sum, and the same
is uncertain. confusing and contrary
to law, and defendant would be uIi-
able to know or to show from his
books, should he pay said voucher
and others similarly drawn, what
amount of money had been expended for
the maintenance and the support of
the States prison. for the year 1889.
ana Whaf amount of the funds
arising from the sale of said
bonds had been used in liquidating
the Indebtedness incurred by the man
agement Of the penitentiary prior to
January /, 1899.
That defendant has been at all times
and still is. ready and willing and anx-
iolis to pay upon warrants Of the ex-
ecntive board all Indebtedness OF the
State incurred on account Of the man
agement OF the penitentiary when the
warrants are so drawn as to include
i'll the warrants the indebtedness in
Cured prior TO January I. 1899. and
when all warrants drawn for expendi-
lures made during the year 1899 have
been passed upon by the State Auditor,