The Huttig news., 1908-02-01
VICTORY FOR AUDITOR MOORE
Court of Last Resort Checks All Fossil bIIity of Continuing Work on Build-
 ing Without New Appropriation.

There will be no more work done
 on the new state capitol building until 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 holdset that it has apparently been the sense of the legis- lature of recent years not to appro- priate or spend more money on the completion of the new state capitol, because of the fact that the last two sessions of the legislature have failed to produce any such action. Regard ing this point, the opinion, which was rendered by Chief Justice Hill, in part, says as follows:
 There is no mandate for the legis- lature to make the appropriation or act in the premises, and it's silence is as potent as it's positive action. The continuing appropriation of the act of 1903, is in condition with this clause of the constitution and is necessarily void beyond two years; and the legis- lature not having acted since that time, it is the legislative determina- tion that this fund be conserved in the treasury until another legislature ap-
 propriates It for the purposes for which it was created
 The decision, then. is based on two
 principal points; first, that the con- tinuing of any such appropriation is in violation of the constitution, and,
 secondly, that the legislature itself,
 which created the fund, has evidenced
 no further inclination to continue the fund, as it has remained silent in ses- sion since then, and has refused to
 pass any appropriations extending the first one.
 Basis of the Case.
 Specifically, the case was one in in which w. B. Alexander of Pine Bluff, a member of the State Capitol Commission, sought to mandamus
 State Auditor Avery B. Moore to re- quire the latter to pay to MT. Alex anuef rf1e s7s r =sssi ana s6fns odd cents, which Alexander claimed
 was due him for mileage, etc, ex- penses in attending the business mat ters connected with the new state capitol. Alexander had gone to the state auditor and asked for warrant for the money. He was refused on the ground that the constitution set forth that no state appropriation could ex- tend more than two years, and that the time limit for the state capitol ap-
 propriation had expired. Hence, the auditor held, according to his inter- pretation of the constitution, no more
 money could be paid from the fund or appropriation. Alexander then brought
 mandamus proceedings against the state auditor, requiring him to pay the
 money. On the result of the litiga-
 tion depended the the matter of com
 pleting the new state capitol for the reason that, should the courts hold the
 appropriation was not extinct but
 could still be used in paying any sum,
 such as that wanted by Alexander,
 then the commission could draw on it
 for any amount, and if such was the
 case, could complete the capitol build
 ing.
 The lower court decided in favor of
 Alexander, awarding the mandamus.
 State Auditor Moore appealed, how
 ever The case was submitted to the
 Supreme Court, about two weeks ago,
 and oral argument was made. Attor-
 ney General w. F. Kirby made the ar
 gument in behalf of State Auditor
 Moore. The case was taken under
 advisement .and Monday the decision was handed down. the decision revers- ing the judgment of the lower court and denying the mandamus.
 Case Has Been Center of interest. The state capitol case has been one
 of utmost importance. It has held the attention and interest of nearly every
 one in the state. From state officials all the way down to the common la | borer employed in the building of the | new state capitol building, all have | waited with intense interest the out come of the case before the Supreme | Court. Working men who have been waiting here for weeks, still remained
 in the city idle, waiting to see whether
 the Supreme Court would decide in favor of the completion of the state
 capitol or against it. Opinion was
 greatly divided as to the outcome, it being the opinion of many that the court would sustain the judgment of l the lower court.
 l A Terrible Suqqestion,