The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-06-18
Executive Board of the States Prison
yesterday:
..Stato HtraaSl,ry ,Ileaga yfsnant
',Raleigh, n. c., June II, 1899.

Dear Sir-in reference to payment oil
warrants drawn by your Executivt
Board of the States Prison including
amounts due mp to and including Marcel
9th, 1899, beg to quote You the follow.
ing decision rendered by the Attorney
General of North Carolina, an response
to a request for the same made by me
Hon. w ii. Worth, State Treasurer,
Raleigh, n. c.:
Dear Sir-ln reply to your letter OF
the 10Th Instant, requesting my CON
str,ction of chapter 6U7 and go of the
Public Laws of 1899, i will say 1t is my
opinion, after careful consideration, that
the maintenance and support OF the
States Prison for the fiscal year 1881
must be met entirely out OF the $50,00U
appropriated for that specific purpose.
The Indebtedness referred to in Sec
ton FIVE 80 of chapter GO7 manifestly
and Enthusiastically refers to accounts
made prior to December 31st, 1898. all
other accounts being provided for by
chapter $40. Acts of 1899.
The proposition is too clear to admit
Of extended discussion.
Very respectfully,
(Signed) a. b. WALSER.
Attorney General"
You will notice that the bonds pro-
yided for in chapter 607 of the Public
Laws of 1899 are dated as of january
LIST. 1899. and bear interest from that
date. You will further notice that sec
ton five 10 OF said act requires that the
Treasurer shall hold the funds arising
from the sale OF said bond or bonds as Il
separate and distinct fund for the pay
ment of the aforesaid indebtedness of
the States Prison. This Act was rasi-
fed on the 18th day of March, 1899. On
the following day, March Sth, 1899, the
General Assembly passed and ratified an
Act Chapter 679, Public Laws 1890,
appropriating $4,000 for the mainten-
ance and support of the States Prson
for each of the years 1899 and 1900. 1t
seems to me that the General Assembly
intended to limit the expenditures for
the maintenance and support of the
States Prison to the sum OF So0,OOO per
annnm for the years 1899 and 1900. Ii
the warrants drawn by your Executive
Board embrace items of account and ex-
penditures for part OF the year 1899.
as most of them do, and the Treasurer
should pay them upon presentation, now
could he tell when he had reached the
limit provided by the General Assem-
bly,. to-wit: $4,000, having no means
of knowing what part of each warrant
items of account and expenses
for the portion of the year 1899! Would
it not be impossible in such case for the
Treasurer to comply with section five to)
Chapter 607 of the Laws of 1899. refer
red to above. 1t seems to me that the
Executive Board of the States Prison
should draw warrants under Chapter GOT
for accounts dating prior to January 1st,
1899, and for accounts made subsequent
to january LIST, 1899. they should draw
warrants under Chapter go of Public
Laws OF 1899. Allow me to suggest that
it would very much aid the Treasurer If
you would attach the original account
presented, and passed upon by you, or a
duplicate thereof to each warrant, or else
express i'm the face of the warrant what
the charge is for. This is necessary in
order that the Treasurer may properly
keep his books and make the report re-
qu:red of him by law. respectfully re-
fer to the caseaof Bank. VS.. WORTH. III
y. C. at page 155, both as to this point
and to the duty of the Treasurer to take
the opinion of the Attorney General upon
questions of this character. Having re-
ferred the matter to the Attorney Gener-
al and his opinion having been given as
heretofore mentioned and set forth. and
in the light of Bank vs. Worth. supra.
cannot assume the risk of paying the
warrants drawn by the Executive Board
of the States Prison i'm their present
form.
Hoping that the matter will at an
early day be SO shaped as to comply with
the law, and with as little trouble to
yourselves as possible, i am,
Yours very truly,
lSigned) wv. III. WORTH.
estate Treasurer.
A conference was held yesterday morn
ing between Mr.. Worth and Messrs
Travis and Osborn, but no agreement
was reached. Treasurer Worth, how
ever, telegraphed for the Attorney Gen
eral and he is expected to arrive here to-
morrow morning.
In the meantime the banks are hold
ing up the vouchers sent to them for col
lection.
Had it not been for the Attorney
terday afternoon, "a should have gone on
paying the claims just as made out--up
to March 9th. In fact i did pay out
$1,000 or $1,000 that way before / re-
ceived the opinion. About $4,000
worth of such claims came i'm to-day, but
/ could not pay them.
II am sorry the Executive Board does
not see fit to make out the vouchers i'm