Pine Bluff daily graphic., 1907-10-25
ALEXANDER G0T
 FIRST BLOOD Judge Winfield Overrules Demurrer of Attorney General Kirby to Capitol Commissioners Suit
AN APPEAL IS TAKEN
Decision Oral-Apptopriation for New State House Was Made for Specific Purpose Says the EOurt-Pine Bluff Man Out to Win.
Special to the Graphic.

Little Rock, Ark, Oct. 25-Very brief was the decision of Judge l.. w. Winfield in the circuit court, sec Ond division, yesterday afternoon, when he overruled the demurrer of Attorney General Kirby to the appli- cation of w. E. Alexander for a writ , of mandamus compelling Avery E. Moore, State auditor, to honor war rant for $14.20 drawn in his favor by the capitol commission. He granted the writ of mandauNs and Attorney General Kirby asked for the right to appeal to the supreme court, which was granted and a stay of judgment
 issued pending the decision of the su- preme court The decision was oral and contained very few words. At torney General Kirby and w. M. Lew is of Murphy, Coleman & Lewis, at torneys for the plaintiff, were the on- ly ones in the chamber of Judge Win
 field. besides press representatives, when it was delivered.
 Judge Winfield held that the appro- priation for the building of the new state capitol was made for a specific purpose, and could not be diverted from the uses to which it was intend ed, therefore it became a cOnstitu tional appropriation and did not have to be appropriated every year as do the appropriations for all purposes which come under the general funds. Judge Winfield followed in his decis- ion the line of argument used by Charles T Coleman, attorney for the plaintiffs, when the demurrer was argued before Judges Winfield and Lea, who was associated with him in the hearing, two weeks ago.
 Attorney General Kirby stated last night that he would prepare the tran script at once and file it with the su- preme court before the end of athe week. He is confident he will win in the supreme court. An effort will be made to get the case advanced on the calendar of the supreme court, after it is docketed Monday, so an early de- cision can be given.
 The application for a mandamus came from the decision rendered some time ago by Attorney General Kirby, in which the states attorney held that all money paid out on the state capitol building since March, 1905, had been paid illegally by the
 state auditor, as the appropriation made every two years, by the state legislature, as required by law. This practically stopped work on the cap itol building as State Auditor Moore refused to accept any warrants drawn upon that fund. Attorney Gen. eral Kirby courted an appeal to the supreme court, and none would take it until the capitol commission issued a warrant to w. B. Alexander, a member of the commission, for ser vices he had rendered, amounting to P1f.AV. AlcAouuCl plCoCHlCu llc wal rant to the auditor and he refused payment, Alexander then held it a few weeks and filed an application for a writ of mandamus, compelling the auditor to honor the warrant.
 The members of the capitol com- mission are jubilant over the decision of Judge Winfield and they are con- fident that the supreme court will uphold his decision.