The Montgomery advertiser., 1909-04-22
Gen. Helt,s Aeesu.t..

tfgations the accounts of Quartermas- ter General Barry L. Holt and Major Noble. of the Cavalry. both of which were considered as correct. and the re-
 The,court finds, concerning the ex- aminer's statement that "The Quarter master General Is due to the State Nse.37." divided by him Into ditems. as follows:
 First Item. $40 .5o--This amount the evidence shows, was refunded to Col onel Bricken by Quartermaster General him for encampment purposes, and Col- onel Bricken's receipt obtained there for. as Colonel of the 2nd Infantry. which said amount was subsequently, charged by Colonel Bricken in error against the State. and upon learning of the error. the testimony shows he forwarded his personal check to the Governor to cover the same back into the State Treasury. This check should operate, as a credit and it would there fore seem that this item has been properly accounted to the State of Ala bama. and is not chargeable against General Holt.
 Second item. s42ss7. This amount was an unexpended balance of $425.s7 which remained in the hands of Guar termaster General Holt. after making
 
 paid oyer to Adjutant General Graves. taking his tofficiai receipt therefor. Gen eral Holt's testimony is to the effect that this money was drawn through military channels and that he returned to the State the unexpended balance in his hands along with. his official report and receipts. through military chan nels. that is, through the adjutant generals office. This balance was of- aAf fxxfa %rux Axx ha oAf mt general. and according to his testimony was expended by him for military pur- poses with the sanction of the Govern or. While the contention of the as- sfstant examiner that. this balance sh ouId have been paid by Quartermas- ter General Holt direct to the State Treasurer, may be technically correct. we find that in this instance that the receipts and disbursements by Quarter master General Holt were properly ac- counted for by him through military channels under direct or implied au- thority. We are consequently of the opinion that Quartermaster General Holt acted with care and properly dis bursed all funds received by him from the state. as shown by the receipts on fife in the office of the adjutant gen. eral. and Is in no way responsible to the State of Alabama for said amount Of s46S.s7.
 caaviry Encamprnents, 1sos-isoz Ii
 Mator V. B. Atkins. Commanding.
 1908.
 The court did not see proper to go into this subject in the absence of a formal request from Major Atkins and for the further reason that Major At- kins is not now an active officer of the Alabama National Guard. Under army regulations. and customs of the service. court of inquiry only has Jurisdiction over officers in the actual service, the court consequently holds that 1t has no authority to hear evil dence on this subject though from an informal examination of the matter, 1t seems that there were ample pri- vate funds for this encampment to cov- CT all and the presumption might be reasonably induiged that said items were paid for out of items rejected by the Assistant State Examiner. The re- jected vouchers. however, should not properly have been filed as of record with the State, the court holding that only vouchers pertaining to the dis bursements of State funds are proper Items to be filed with the State.
 Maj. Noble's Account.
 The witnesses examined in this case the court in approving inc | receipts and disbursements of funds rom the evidence that the accounts | rejected by the Assistant State Exam | Iner were not paid out of State funds, l but from private funds. and were not l intended to be a charge against the state appropriation. but were filed with | other paid vouchers to complete the | record of disbursements of Mafor | Noble during thes encampment which | he commanded. We recommend that | these rejected vouchers be returned fo Major Noble from the file. as they are private papers and should not form any part of the States records.
 The court is of the opinion that Ma. tor Noble is not liable in any account to the State of Alabama.
 The court adjourned subject to the ;all of the president.