The Montgomery advertiser., 1904-12-14
J. D. BEALE
 GAINS POINT tate Archives Department
 is Restrained. oRDSR OF JUDGE SAYRE Court Holds Too Much Money Has B.en Drawn. Petitioner h . Taxpayer and Auiitor and Treasury Are Enjoincd--To Be
 Appealed to supreme
 Court
oRDsR OF JUDGE sAYRE

decree was rendered yesterday by Judge A. D. Sayre. in the equity divis- ion of the City Court of Montgomery restraining Dr. Thomas M. Owen. as Director of the 'Stale Department of Archives and History. from drawing more than s2.5o0 year from the State Treasury for maintenance of that De- partment ' ss.s
 The decree was the result of peti- ton filed with the court some time ago by J. D. Beale, as a citizen and tax payer showing that the additional sum of $700 or a total of $3.200 was drawn annually by the Department of Ar chives and History and that this addi- tional sum was drawn illegally.
 The petition of MT. Beaie. asked for a restraining order directed to Dr. Owen. prohibiting him from receiving the additional money. to Slate Auditor T. L. Sowell, prohibiting him from Issuing a warrant for 1t and to State Treasurer J. Craig Smi h, prohibiting him from paying the money. The effect of the decision of Judge Sayre is to sustain every point raised by Mr. Beale. although Dr. owen said last night that an appeal would be taken to the supreme court Decree of Judge Sayre.
 Judge Sayre's decree was as fol- Jesse D. Beale. Complainant. v. Thomas
 M owen, ct. al.. Defendants. Tn
 the City Court of Montgomery in
 Equity.
 '"This cause coming on to be heard was submitted for final decree on the original bill, answer of the defendants and testimony noted by the Register: and. upon consideration, the Court Is of the opinion that the complainant is entitled to the relief by him pray ed. ---. 4 -------- -~,..---4
 'Tt is therefore ordered. adjudged and decreed that the defenda Thomas M. Owen as Director of Archives and History, be and hereby Is perpetually restrained and enjoined from receiving from the State Auditor and from col iecting from the State Treasurer any warrant for any sum of money on the score of maintenance of the depart ment of Archives and History of the State of Alabama in excess of the sum of twenty-five hundred dollars per an- mum as appropriated by the act If the legislature of Alabanf approved Feb uary IS. 1903, entitled An act to make appropriations for the ordinary expep- ses of the Executive, Legislative and
 
 interest on the public debt for public schools and that the defendant Thomas L. Sowell as State Auditor be and hereby is perpetuaily restrain ed and enjoined from drawing. and the de- fendant J. Craig Smith as State Treas- urer be and Is hereby perpetua1iy re- strained and enjoined from paying any such warrant on the score of main tenance of the department of Archi- Yt~kA l~. 1A of twenty-five hundred dollars per an- mum as appropriated by the said act of February 13. 1903.
 Tt is further ordered. adiudged and decreed that the defendants Thomas M. Owen. Thomas L. Sowell and J. Craig Smith pay the costs of this suit"
 Done this the 18th, day of Decem- 4 "A. D. sayre judge of the City Court of Mont gomery."
 In his petition MT. Beale set out that the original appropriation for mainte- nance of the department was $700; that the general appropriation bill passed by the last Legislature provided for $2,500 a year for maintenance of the department. but expressly declared that this was to be the total fund for yearly maintenance. As Director Owen continued to hraw the $700 and the B. 800 Mir Beale petitioned for an order from the courts stopping the payment of the original $700.
 Mir. BeaIe is q Taxuaver.
 In answering the petition of Mir. BeaIe, Messrs owen. Sowell and Smith averred that he. Mir Beale. was not a taxpayer. The evidence in the case sufficiently established the fact that MT Beale was a taxpayer.
 'I do not want to be put in the attitude of being opposed to this de- partment of Archives and History" said Mir Beale yesterday afternoon. T think 1t is a good thing and I want 1t continued under certain conditions. I am opposed. and earnestly opposed, to any department of the State Govern ment drawing money from the treasury and expending it without authority of law. I simply exercised my right as a citizen and a taxpayer to petition the court to stop 1t.
 There Is no bitter feeling whatever. It is merely a question of law and right"
 pr. Owen when advised of the decis- ion of Judge Sayre expressed some sur prise. He said without hesitation that the matter would be appealed to the Supreme Court.
 we VIII appear. Salo UT. owen to get a final decision on the points in- volved.
 This" he continued 'is merely a construction of law. We contend that under the two acts the department is entitled to s3.20O a year for mainte- nance. Mir. Beale contends that we are not entitled to but $2,500.
 T have no i'll feeling over the mat ter and the department has not been injured in the least"
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