The Green Forest tribune., 1908-03-20
VICTORY FOR AUDITOR MOORE
Court of Last Resort Checks All Possi. bility of Continuing Work on Build
 ing Without New Appropriation.

0h eh0 hSW St1CS SetplCOl Ouiluiuo GHIiA the Arkansas legislature convenes again and makes an appropriation to complete the capitol. This was decided when the Supreme Court Of Arkansas handed down a decision in the cele- brated state capitol or Alexander case, in which the court held that Alexander could not be paid any money in con- nection with work on the new capitol by the state, because the fund appro- priated several years ago cannot be touched until the Arkansas legislature renews the appropriation. The court holds that, according to the constitu- ton, state appropriations can be used for two years, and that after that time they cannot be used; that the two years time limit for the state capitol fund has expired, and that it can no longer be drawn upon.
 The decision also holds that it has been the sense of the 1egis- lature of recent years not to appro- priate or spend more money on the of the new state capitol, because of the fact that the last two of the legislature have failed to produce any such action. Regard ng this point, the opinion, which was rendered. by Chief Justice Hill, in part, says as follows:
 There is no mandate for the legis- ature to make the appropriation or let in the premises, and it's silence is Is potent as it's positive action. The appropriation of the act of 903, is in condition with this clause of he constitution and is necessarily roid beyond two years; and the legis- ature not having acted since that ime, it is the legislative determina- ion that this fund be conserved ip the reasury until another legislature ap- it for the purposes for which it was created.'
 The decision, then. is based on two rincipal points; first, that the con- inuing of any such appropriation is Il violation of the constitution, and, econdly, that the legislature itself, which created the fund, has evidenced 10 further inclination to continue the und, as it has remained silent in ses- ion since then, and has refused to ass any appropriations extending the rst one.
 Basis of the Case.
 Specifically, the case was one in q which w. B. Alexander of Pine Huff, a member of the State Capitol commission, sought to mandamus tate Auditor Avery E. Moore to re- uire the latter to pay to MT. Alex nder the small sum of $14 and some dd cents, which Alexander claimed 'as due him for mileage, etc., ex- enses in attending the business mat ers connected with the new state apitol. Alexander had gone to the tate auditor and asked for warrant )r the money. He was refused on the round that the constitution set forth lat no state appropriation could ex- end more than two years, and that le time limit for the state capitol ap- reputation had expired. Hence, the uditor held, according to his inter- of the constitution, no more oney could be paid from the fund or Alexander then brought ate auditor, requiring him to pay the l oney. On the result of the litiga- on depended the the matter of com citing the new state capitol for the .ason that, should the courts hold the )propriation was not extinct but | ,uld still be used in paying any sum, lch as that wanted by Alexander, len the commission could draw on it 1T any amount, and if such was the | lse, could complete the capitol build g.
 The lower court decided in favor of lexander, awarding the mandamus. ate Auditor Moore appealed, how Ter. The case was submitted to the Ipreme Court, about two weeks ago, Id oral argument was made. Attor- ey General w. F. Kirby made the ar lment in behalf of State Auditor core. The case was taken under lvisement .and Monday the decision as handed down. the decision revers. g the judgment of the lower court Id denying the mandamus.
 Case Has Been Center of Interest.
 The state capitol case has been one
 utmost importance. It has held the ,tention' and interest.of nearly every le in the state. From state officials l the way down to the common la 0rer employed in the building of the ew state capitol building, all have aited with intense interest the out ome of the case before the Supreme curt. Working men who have been aiting here for weeks, still remained l the city idle, waiting to see whether le Supreme Court would decide in avor of the completion of the state apitol or against it. Opinion was realty divided as to the outcome, it eing the opinion of many that the ourt would sustain the judgment of he lower court.
 A Terrible Suggestion.
 Have you any confidence in the heory that people think with their eet?" ask one scientist.