The Montgomery advertiser., 1904-10-27
" ~ .fss BEALE NOT A TAX PAYER Avermcnt of Director
 Thomas M. 0wen. HE ANSWERS COMPLAINT Money for History Department
 Was Drawn Legally. Files . Reply to Petition of Citizen
 te Restrain Auditor and Treasu- Ter From Paying Out

Director Thomas NJ. Owen of the State Department of Archives and History yesterday made answer to the ailega- tions of Jesse D. Beale in his petition for restraining order against Mr. Owen. Auditor Sowell and Treasurer Smith. in which he declared that the Department of Archives and History was drawing $700 more from the State Treasury than 1t was entitled to draw. The petition of Mir. Beale was filed In the City Court of Montgomery on Sep tember 2s.
 MT. Owen denies the right of MT. Beale to bring the suit. He declares that Mir. Beale is not taxpayer and he cannot therefore enter such a suit. He especially denies that portion of MT. Beaies bill which declares that he. Mir. Beale. is a taxpayer. This is not. however. Mir. Owens defense to the petition of MT. Beale. His denial of MT. Beale's being a taxpayer is of secondary importance to the main de- fense which is the assertion that all the money that the State Department of Archives and History Is drawing from the treasury Is authorized by law.
 Money Provided by Law.
 MT. Owen admits That under the terms of the general appropriation act the sum of s2,so0 was appropriated for the maintenance of the Department of Ar chives and History He denies. how ever. that any clause of that act re- pealed the act which established the Department or denied the Department the right to draw the s7oe given 1t an- 'nually by the act establishing 1t. It was the express purpose of that act. he said. to give the department $700 every year independent of what subsequent legislatures would appropriate. He quotes from both acts to establish the justice of this claim.
 It will be recalled that Jesse D. Beale, acting as citizen and a tax payer. filed a bill in the City Court in equity asking that Treasurer J. Craig Smith, Auditor Thomas L. sowell and Director Thomas M. Owen be restrain ed from the expenditure of a certain $70o which he claimed was being paid without authority of law.
 The answer to these allegations was filed yesterday in the City Court In equity. The answer of Mir. Owen in full Is as follows:
 ! Tn the City Court of MOntgomers' in equity.
 Jesse D. ,Beale. complainant vs. Thomas NJ Owen. as director of Ar chives and History; Thomas L. Sowell, as Etnte Auditor and J. Craig Smith. as State Treasurer, respondents.
 Comes the respondents In the above entitled cause and answer the complain ants bill of complaint as follows:
 "(1) Respondents admit the aver ments contained in Section 1. 8, f, 5. q, and 3, respectively. of the bill of com plaint. a
 Mir. BeaIe Not a Taxpayer.
 "(2) Respondents deny the aver ments contained in Section 2 of the bill of complaint. and require strict proof thereof; and respondents aver that complainant is not bona fide tax payer to the State of Alabama upon property owned by him and situated in this State. and that he has no right to maintain this bill.
 "(3) Respondents admit the due en- actment of the statute referred to in section of the bill of complaint. Res pondents further admit that by the termc of said act there was appropriat- ed for the maintenance of the Depart ment of Archives and History $2,500 for each year, for the term of four years, to be used and expended as provided by the law governing the department. Respondents further admit that section of said act contains the words no appropriation herein made shall be construed to be in addition to the ap- propriation for the same purpose or purposes made by separate act hereto fore passed; but respondents deny that said words refer to each and every ap- propriatton contained in said act, and they deny that said words refer to the appropriation for the maintenance or the Department of Archives and