The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-12-16

Legal service Account (Scc. o,oEf Oh
The Code), in order that the General
Assembly may, if possible, devise
some method to have the States inter
est represented in the court at less eX-
pense.
We also call attention to eNpendi-
lures under section 1887 of The Code.
Your committee would respectfully
call the attention of the General As
sembly to warrant No. 22.962 for
$S31.15 issued in favor of Theophilus
White. upon which he drew the money
out of the Treasury. We deem it our
duty to- state to the General Assembly
that in our opinion the said warrant
was issued and the money paid out OF
the Treasury without warrant nf '""
Section 1861 of The Code makes it our
duty TO give our reasons for this
opinion. We state them as follows:
BY act of the Legislature of 1897,
chapter 10, entitled San Act to provide
for and promote the oyster industry
of North Carolina" it was provided
in section ~ of the Act, that the Gov
ernor should appoint a ''Chief Inspec-
tor" to hold office four years. or until
his successor should be appointed and
qualified, and by section 10 of said act
and actual travelling expenses, with
power to appoint Deputy Inspectors
at a salary of $50 per month. The
Legislature of 1899, by chapter IS, re-
pealed certain parts of chapter 10,
Acts of 1897. including sections II, -,
| Is. Is, IS. II. IS and 49,
The Legislature of 1899 (chapter
| 49,, passed an act entitled AN Act
to provide for the general supervision
| of the shell fish industry of the State
of North Carolina" in which it is pro-
| vided that seven commissioners be
| appointed to carry out the provisions
of said act; and providing for their
| compensation to be paid by the Public
| Treasurer upon the warrant of the
State Auditor, said warrant to be is
sued upon the certificate of the sec
rotary of the board (of seven commits
sionerS). This act was ratified March
/ 2, 1899. At the same session another
act was passed Chapter 2D supple
mental to the act (chapter 1917. per-
emptorily forbidding the State Treas
llrer from paying compensation to any
one claiming the same for services
rendered concerning the she'll fish in
dustry unless such persons are author
lied to render such services under the
provisions of the act of March ?, 1899,
chapter 10, Laws of 1899.
! Theophilus White brought suit as
shell-fish inspector under act of 1897
against George IT. Hill and others.
shell-fsh commissioners. under act of
1899. chapter 10, claiming that his
place was an office, and in the contest
the Supreme court decided in his ia
vor (See 1875 n. G. page 194). After
wards said White brought his suit
against H. w. Aver, State Auditor
and w. H. Worth, State Treasurer, to
compel the issuance of a warrant and
payment of salary claimed by him
126 n. c., 570) a majority of the
Judges directed the clerk to issue man
damus to the Auditor, commanding
him to issue a warrant in favor OF
Theopilus White, and on the. State
Treasurer to pay the same. and there
upon the warrant was issued and the
money paid. We think the payment
was made without warrant of law.
After the Supreme court had decid-
ed that White was entitled to his ''of-
flee" of Chief Inspector in his suit
against Hill and others. it was then, III
our opinion, a matter for the Legisla-
ture to provide for the payment OF
his salary, upon the recommendation
of the court but we understand that
the Public Treasurer is an institution
of the people and under the control
of the General Assembly, safe-guarded
by the constitution Of the State. Sec
ton 9. Article ~. of the constitution
provides: ''The Supreme court shall
have original jurisdiction to hear
claims against the State, but its deci
sions shall be merely recommendato-
Ty. No process in the nature of exc
cution shall be issued thereon. They
shall be reported to the next session
of the General Assembly for it's ac-
ton The levying of taxes, the APP
preparations to all the public institu-
tons of the State, and the direction
by act of Assembly for the disburse-
ment and payment of all public funds
seem to be left by the constitution in
the hands of the Legislature, the rep
resentatives of the people, for all such
purposes. Your committee therefore
recommend that the credit of this
claim be not allowed to the Treasurer
We regard it as organic and fundamen'
tai law that the General Assembly has
exclusive control of the funds in the
State Treasury.
! 1T is to be regretted that this matter
is presented to us in the shape it is
| for we are informed that the Auditor
refused to issue the warrant repeated
| ly, and issued it finally upon the man
damus from the Supreme court, but
| the law makes it our duty to report
the facts as they are.
| Respectfully submitted,
(Signed) NJ. II. JUSTICE.
1 w