The Montgomery advertiser., 1904-09-29

lislature of Alabama was approved. en- titled An act to make appropriations for the ordinary expenses of the Ex- ecutive, Legislative and Judicial De- partments of the State. for the interest on public debt and for public schools, General LAWS. 1903, page S0) by the terms of which there was appropriated for the maintenance of the Department of Archives and History $2,600 for each year, to be used and expended as pro-
 vided by the law governing the De- partment and said act further provides
 that no appropriation herein made shall
 be construed to be in addition to the Appropriation for the same purpose or purposes made by separate act here l tofore passed
 l "seventh--That after the passage of
 said act of February 27. 1901, as afore-
 said, and up to the time of the pass age of said act of February 1S. 1903, the
 said annual appropriation of $7oo made
 by said former act for maintenance of
 said Department was drawn and ex-
 pended to the full extent thereof; and
 that since the passage of said act of
 February IS, 1903, the said defendant
 has continued to draw and expend an- | nually the said sum of $700 and also
 the said sum of $2.50o. claiming that | said last appropriation was in addition and not in lieu of said $700 appropri- ated; so that, your orator ayers, that for and during the fiscal year ending September 90, 1903, the said Depart ment of Archives and History has drawn from the State Treasury not only lthe salary of said Director. amounting to q, 1900, and not only the sum of $2,500 for its maintenance as appropriated by the later act aforesaid. but has also continued to draw on the score of main- tenance the further sum of $700, claim ing the right to do so under the pro- visions of said act of February 27, 1901; that Is to say, for and during said fiscal year ending September 30. 1903. the State Auditor has drawn, and the State Treasurer has paid warrants in favor of said Department or Director there of aggregating the sum of $5,000, and
 the same has been continued during the present fiscal year and will be con- tinued In future unless prevented by the restraining hand of this honorable court
 No Authority in Law.
 "Eighth-That the payment of said sum of s700 in addition to said sum of s2,5oo for the maintenance of said De- partment, Is as your orator Is advised, without authority of law.
 "Ninth-That Thomas NJ. owen Is the Director of Archives and History; Thomas l.. Sowell Is the State Auditor and J. Craig Smith Is the State Treas urer of the State of Alabama, and all of them are of full age and reside at the seat of government of said State. The premises considered your ora tor prays that the said Thomas M. Owen. as Director of the Department of Archives and History. Thomas l.. Sowell as State Auditor, and J. Craig Smith as State Treasurer, be made par ties to this bill of complaint: that sum- mons be issued and served upon each of them; that they and each of them be required to answer the allegations in the several paragraphs In this bill of complaint and that said Thomas Nj. Owen. as such Director. be restrained from receiving and the said Thomas L. Sowell as the State Auditor. be re- strained from drawing his warrant up- on the State Treasurer and that the said J Craig Smith be restrained from paying such warrant on the score of maintenance of said Department of Archives and History, in excess of the sum of $2.500 per annum as appropri ated for that purpose by the said act of February IS. 1903 And orator prays for such other further or general re- lief as the facts of the case and the principles of equity may sanction"
 The bill of complaint was filed in the equity side of the court yesterday morning and was served on Messrs. Owen. Sowell and Smith later In the day, e, They are requested to answer within thirty days.
 Mir. Owen Surprised.
 The bill was a surprise to MT. Owen. He had not. he said. heard the right of the Department to the combined ap- propriation questioned.
 You may say" said Mir. Owen, that am conscious of my legal right in the premises. The item in the general Appropriation bill was placed there to meet the demands of the Departments work which had grown steadily in the two years that had elapsed since 1t was created. As I understand the act my right to draw the $1,S00 salary was not questioned. The contingent fund of the Department Is the question at issue. When the Department was created the contingent fund was placed at i$700. In the two years its work and scope had so greatly increased that an item plac ing this fund at $2.5o0 was inserted In the general appropriation bill.
 q will conduct the fight against the proceediSgs, and I am confident of my rights, and the rights of the Depart ment in the case"
 The accounts of the Department of Archives and History were examined two weeks ago by G. F. Sedberry, As- sistant Examiner of Public Accounts, and pronounced correct and accurate.
 State Treasurer Smith said that he had nothing to say as to Mir. Beale's bill.
 State Auditor soweli said: The
 question is a construction of the law.
 The court may agree with the con
 struction I placed upon it, or 1t may
 not. When the question was presented to me I examined the law and ruled upon 1t as I thought right. Beyond tbat don't care to discuss the matter"