The sun., 1900-05-02
COMPTROLLER MORGAN srsrAINED.
The Cosrt Of Appeals Decides That He Can
Refuse to Pay Unjust Claims.

ALBANY. May IA big victory for the people
Of the State was gained by State Comptroller
William J. Morgan when the Court OF Appeals
to-day handed down a decision upholdng his
contention that the duties OF the Office of state
Comptroller are not purely ministerial but
that hs is vested with the power to audit all
claims against the State and refuse to pay unjust
claims The question arose in what is gener-
ally known as the Grannls OConnor canal
contract case. The principle involved was
that underlying Comptroller Morgan's con-
tention last winter as 10 the payment OF the
unsettled canal contracts under the so,ooo.-
900 Improvement law. The Court OF Appeals
squarsly affirms tho Comptroller's contention
and reverses the lower courts.
An action was brought by Grannls O'Con-
nor. canal Improvement contractors, for sec
tion five OF the middle division. to compel the
Comptroller, by mandamus. TO pay claim OF
about $4,000. part OF which. in the judgment
OF the Comptroller was not legal The bidding
sheets upon which the contract was let snow
100 cubic wards Of rock excavation at ~ yard.
or a total of $500, but at the time THIS actio n
was brought the amount excaVated had rea chsu
bidding sheets called for an expenditure OF
s2.S'D for phng. but at the time the action was
brought the expense for plling had reached
s52I 100. The Comptroller maintained that the
price Of the rock excavation was excessive
and fraudulent, and that the plans had been
changed, resulting in an increased expend-
ture TO the State, without the assent OF the
Canal Board as required by law. and he re-
fused TO audit the claims growing out OF TINS
illegal work
The case was given by the Court TO n referee
To take testimony, The referee found that the
Comptroller's duties in connection with these
payments was OF ministerial character only,
and that II was his sole business to draw his
warrant for the amount OF the draft made
upon him by the State Superintendent Of Public
Works The report was affirmed by the Judge
having charge Of the case. and an appeal was
taken by Comptroller Morgan to the Appel
late Division. Here the report OF the referee
was again affirmed and another appeal taken
by the Comptroller TO the Court OF Appeals,
where the question rs 10 the tomptrollers
power OF audit has been finally and very forchly.
Judge Parker writes the opinion. in which he
says.
"Our conclusion then Is that since the first
day Of October, 1897. when the State Finance
law went into effect the Comptroller has been
vested with the power 10 audit all claims.
whether presented against the canal fund or
the general fund of the state. where payment out
OF tho treasury is provided by law which, OF
course. includes this claim The audit Of an
account by the Comptroller involves a judicial
function. He Is required, In the language OF
the books. to hear, TO examine, TO pass upon,
to settle and adjust That function he cannot
by mandanius for. "a was said by Judge Van
in people sx rel Harris VS. Commissioners
ti4a y, y. 2sl, that would substitute the judg-
ment or discretion of the Court issuing the
writ for that OF person or persons against whom
the writ was Issued