The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-04
COMPLAINT AND ANSWER
TREASURER ANXIOUS TO PAY
THE CLAIMS.
BUT THE VOUCHERS MUST Be RIGHT
A Complete Statement Of his Side Of the Con-
troversy. The Summons Made Re-
turnabIe at Court here Next

Week.
Complaint was yesterday morning
filed in the suit brought by State Treas
urer Worth to compel the penitentiary
Executive Board to change the war
rants for State prison debts in accord
with the Attorney Generals opinion.
Also the answer was filed to the COM
plaint in the suit brought last week by
L. 3. Arendell, manager of the CEN
trail prison here, to compel the Treas
urer to pay the warrants as now made
out.
The summons in the first named case
is returnable at court here next week,
before Judge Fred Moore. The Aren-
dell case has not yet been set for
hearing, but it is very likely that the
two suits will be combined into one
and the matter settled once for all.
The complaint in the suit commenced
by the State Treasurer sets forth:
That ON the 23rd day of May, 1898.
the plaintiff, State Treasurer, under
the advice and direction of the Coun-
Gil of State loaned and advanced to j. NJ.
Menborne, then superintendent OF
the North Carolina Penitentiary, out
of the general funds in the treasury
of said State, a large sum of money
to wit: 1000, to enable the said SUI
perintendent to maintain and carry or
the said penitentiary; and the said J.
NJ. Memborne as superintendent of
said penitentiary executed his note to
the plaintiff as Treasurer for the
amount so advanced; and from time to
time sundry payments have been made
on said note: and on the Odd day Of
May, 1899. there remained due and un-
paid on said note the sum Of $S.i62.
the payment of which was provided
for under chapter 6O7 of the Public
LAWS of 1899.
That on the 23rd day of May, 1899,
it became the duty of Edward l.. Ire
Wis, w. III. Osborn, and w. G. New
land. members of the Executive Boara
of Directors. to draw for plaintiff
a warrant in the sum of SIS, 1920, to
be paid out of the moneys in the hands
of the said State Treasurer arising from
the sale of said bonds.
That on the 23rd day of May 1899.
said Travis, Osborn and Newland
members of the said Executive Board,
drew and offered to plaintiff a warrant
as follows:
ITO Hon. w. Fl. Worth, Treasurer of
North Carolina:
PAY to w. II. Worth, Treasurer.
or order, out of the funds provided for
the payment of the indebtedness OF
the States Prison, by Chapter GOT.
Laws of 1890. the sum of eight thou
sand four hundred sixty two and no
one-hundredth dollars, in full settle
flf al al 10 nd lid: ~,
sixth day of March, $780,
That plaintiff refused to accept said
warra1Gt for the reason that as custodian
of the funds arising from the sale of
said bonds he is not authorized to ap-
ply the same to the payment of any
obligations or debts Of the said States
Prison incurred since the 21st day of
December, 1898, and said warrant on
its face purports to embrace an in
debtedness extending to and inclld-
ing the sixth day of March, 1899, and
would not be a proper voucher in his
hands against the funds arising from
the sale of the aforesaid bonds.
That plaintiff requested and demanded
OF said defendants that they change said
warrant so as to show that the entire
Indebtedness named i'm said warrant was
incurred i'm the management OF the
states Prison or Penitentiary before
the first day of January. 1898, which
was, in fact, the case; but defendants
have refused to alter or change said
warrant or to execute n new warrant
for the said Indebtedness.
Iha; the indebtedness for which said
warrant is drawn was all incurred be-
fore January I. 1898. and the said war
rant rs untrue upon its face i'm embracing
any portion Of the year 1899. is confus-
ing and misleading. and if plaintiff should
accept this warrant and pay the amount
named therein into the general fund and
charge it to the amount received from
the sale of the bonds provided for in
chapter COZ of the Public Laws Of 1899.
he would establish a precedent which
would compel him to pay other warrants
similarly drawn which may embrace
items Of Indebtedness incurred in the
year 1899, which would render it impos-
sible for plaintiff as treasurer afore-
said to show on his books or in his an
nual report what sum or sums Of money
had been used in the support and main
tenance Of the States Prison for the sep
arate years covered by said warrants.
towit, the years 1898 and 1889.
Therefore, the Plaintiff prays judg-
ment:
That Il peremptcry writ of mandamts
issue out Of this court to the said Ed
ward l.. Travis, w. III. Osborn and W.
{. Newland. constituting the Executive
Board OF the Board of Directors Of the
States Prison, commanding them TO
change said warrants so as to show upon
it's face that it embraces only indebted
moss III the State iucurra1 prinp fn tbn
first day Of January. 1899, in accordance
with law.
In addition to the facts set forth
in the above complaint. j. is alleged in
the answer in the Arendell case:
]. That on January I, 1890. j. NJ
Mewborne resigned as superintendent