Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-03-07
BIG FUND DUE Varsity
Uncollected Appropriations I'm.
der the Old Code Claimed BY
University Authorities.
Attempt Will Be Made to Collect
Something Over S. 900 From
the State.
----- -----------.--
Requisition Made But Never
Honored Under the Old
Code.
to Times Republican.

OOOSe
Special to Times Republican.
Iowa City, March William ]. Had
dock. secretary of the board of regents
of the University of Iowa, has discov-
cred the existence of sums due the uni
versity from the state OF Iowa amount
ing to $14,125. Six thousand dollars of
this amount has been recovered from
the state upon presentation OF the
claims of the university The university
now asks that the state pay the balance
of the amounts due, all being owed UNI
der the same Interpretation of the laws
of Iowa. The amounts due the univer-
sity arise from the refusal of the audi.
tor to state to issue warrants for the
moneys due the university under exist
ing appropriations when the old code
and session laws We're replaced on Oc-"
tober !, 1897. by the new code. The
amounts due and the laws under which
they are appropriated are:
Under the laws of 1881. >. so, 600. 90
Under the laws of 1884,. :. !. Z 10000
'ttIitACl lAlt .AtiN . VI AoSfs
Under the laws of 1885,. >. 90. 1,o41.67
lot al..i.. ..Sla,llo.uV
The second item of $4,000 was paid to
the university in January, 1901.
The University of Iowa says Sec
rotary Haddock, now claims these
sums, amounting to $S.125. and reluisi-
tions therefor asking payment are laid
before the auditor of state
The first annual appropriation ever
made for university support was made
lin 1873 1t amounted to 100000 and the
only limitation. upon 1t was that 1t
should be paid In quarterly installments
of 5000 each, commencing on July !,
and quarterly thereafter until the legis-
lature changed the law. The university
made acquisitions in the usual form and
observing all formalities for the quar-
tiers payment due or payable on Octo-
Der 1. 1897, and the papers We're present
ed on that datesto the auditor of state
by the treasurer of the university, with
/ the request that a warrant be issued
for the sum OF $1,000. The auditor re-
fused to issue warrant for the reason
THAT the code went into effect that
day" He was unable to show how the
code prohibited him from issuing a
warrant for the sum due on the day the
code took effect. but he would not issue
1.-The warrant and the treasurer of stats
IScould rot pay without a warrant. The
code provided that the code should take
EFFECT after ninety days from the dat,
lof adjournment of the extra session O
1.-The general assembly. AS this ad
Ijourned on July ., there are ninety f,1l
days before October /, 1897. The quar-
terly appropriations therefore bscam
payable on the same day that the cod
took effect
THE taking effect of the code" say
collection of the amount due for tn
quarter that had elapsed before TIL
code took effect and was no bar 10 tn
paying of the $1,000 or any of the sum
now asked The university unde- tn
existing laws making the sundry an
nual appropriations, was entitled TO tn
full sums specified in said laws unit
4 the code did take effect and pro rata a
Ito fractional parts of the year or quar-
tier up to that time, SO that the univer
glssity income would not be dinlinishe
by any change In the laws. Unless thi
A payment is. made the university will b
d much worse off than IL the code had NO
4 gone into effect. The code on page ~
i section 81, says: This repeal of exist
ing statutes shall not affect any &C
done. any right accruing, or which ha
accrued or been established. " This pre-
4 vision seems to have been inserted wit
Il particular reference to this claim IF tn
university now presented. The right t
I money payable under the several ap
Y preparations in quarterly nstallment
: before the quarter is up is a right &C
3 Icruing and it might be that one, two Q
8 more months only of he appropriate
had accrued at the time the code too
s. effect. Section 40. page 1876 of the cod
provides that: Acts appropriatin
money when the same has not bee
fully paid are not repealed by the cod,
The university seeks only to be mad
i whole or to have the annual appropria
4 tions suffer no diminution, so that tn
I, university work and usefulness Will No
Il be impaired. The code protects univel
sity interests fully and all we ask is
fair construction of it. There is no dis
tinction of principles between the clail
for the amount now due and the ciail
for $4,000 which was paid in January
4 this year. The law is fond of prect
dents and this is one in point
IL
SV%aa .