The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-06-25
SUIT TO SETTLE
THE Pen CLAIMS
Both Sides are Anxious for q
Decision.
CHAIRMAN TRAVIS WRITES
CHAIRMAN TRAVIS WRITES
GIVES THE BOARDS SIDE OF THE
s& CONTROVERSY.
TREASURER WORTH SAYS HE'S WILLING
Board vii NOT Change Warrants Unless The
Courts Order il and Treasurer Will not
Pay Them Unless Courts
So Order.

IT is now certain that there will be
Il suit in the courts to settle the dis
lglte between the State Treasurer ard
the Executive Board touching the pen
itentiary claims.
The State Treasurer says he wants
such a suit-a friendly contestant the
Executive Board advises that the hold
ers of the unpaid claims sue out Il man
damus to compel the payment of the
warrants in their possession.
This advice is given by the board
through its chairman, Mrs. e. l.. Travis,
who yesterday sent out to all holders
of claims against the penitentiary the
following circular letter:
Dear Sir: Replying to your letter in
forming us that the State Treasurer
we beg to say That on the eth day of
March, 1899. the Legislature of North
Carolina passed an Act Capter 6o7.
Laws of 1890 directing the issue OF
State bonds to the amount of $110,00n
to raise a fund to Pay the now out
standing Indebtedness of the States
Prison. These bonds were sold for S120.-
25O. which is now in the Treasurers
DIHuS. SectltH - Oh sliu <Act provinces
that the Treasurer shall hold tflis money
las Il separate and distinct fund for the
payment Of the aforesaid Indebtedness.
1t further provides. Said rund shall he
paid out hy the said State Treasurer
only upon the warrant Of j.. l.. Travis.
w. IL. Osborn and w. G.. Newiand, cen
stitutilg the Executive Board.
who are to audit and pass uIon I'LL
claims and accounts a@ainsr said States
Prison
In compliance with that statute, we
have audited all these accounts and
drawn err warrants upon this fund
placed there subject to eur order. ami
sent them 10 the parties entitled. We
have performed our duty. and done all
that the statute required Of us. That
same statute requires the Treasurer to
pay this fund out upon orr warrant
and if he sees fit. to disregard the iaw
and refuse to do it, it is not in our
power to make him. Only the holders
Of the warrants have IL right of action
against him to compel payment.
The Treasurer knew more than .
mcnth ago that we were auditing these
accounts up to March 6. but gave rs
10 notice that he would refuse to pay
them until all of them had been issued
and mailed to the parties.
1t appears 10 US that the Treasurer
in undertaking to audit the accounts
covered by our warrants. and strike out
all items after December 81. 1899. as
not being payable ont Of this fund. is
not only going outside his own duties
and arrogat ting to himself the powers OF
this Board. hut is giving to the Act
construction utterly untenabie. The
Act speaks as of the day of its ratinca
ton March Z. 1880, and provides for
the payment of the then outstanding
Indebtedness. No other date is men
toned or referred to in the Act at all.
and he can no more reasonably fix the
debt period at December 81. than ne
can fix it at the date of the discovery
of America.
Chapter 60. providing for an apfrp-
priation for the maintc,Hi:ice of the
Prison for 1899 and 1000 has nothing
whatever to do with the former Act.
it was passed March g. and was intend
ell to provide for support from that
time forward. the other Act having pro-
vided for the settlement of everything
to that date Furthermore. the apPro-
priation is merely contingent fund.
placed in the Treasures hands to he
used 1T the discretion of the Executive
Board Nothing compels us to use it in
January and February or at any partic-
lllar time. 1t is entirely in our dscre-
ton to hold it back and use it all in the
month of August or the month Of De-
cepiber. if we see fit. or not use it ALL
1t is very important to this institution
xI.. - OH III
maintain its position in this matter, for
the reason that if we do the Prison will
be put in position to do all its buying