Pine Bluff daily graphic., 1909-06-20
WOULDN'T HONOR
 THE VOUCHERS State Auditor Declines to Issue Warrants on $2O,-
 900 Claims.
MANDAMUS PETITION
Immediately Filed in Circuit Court to Enforce Payment--Early Ac-
 tion Expected.

Little Rock June l9.-On the re-" fusal of State Auditor John R. lobe today to issue warrants on vouchers to the amount of s20,000 held by Caldwell &, Drake, state capitol con tractors, and which had been issued to them by the old state capitol con- mission in the fall of 1907. Judge J. w. Blackwood, attorney for the contractors, immediately filed in the Pulaski Circuit court complaint against this refusal and asking that a writ of mandamus be issued com- polling the state auditor to issue the warrants so demanded on the appro- priation made under the Oldham act for the completion of the state cap itol" At the same time a notice of complaint was filed with the respond ent, the state auditor.
 The whole proceeding was over in a few minutes. Judge BlackWood pre- sented the vouchers to Auditor lobe. stating that he believed they were payable under the terms of the Old ham act, and requesting that the war : rants be issued. MT. lobe replied that he did not think so, and that lie could not comply with the request, however. much he would like to see the state capitol matter adjusted.
 II think we will have to leave this 1 particular matter to the court. he suggested to Judge Blackwood. Alright was the reply. when will you be ready
 Mr. lobe explained that Attorney General Norwood, who would be re- lied upon to look after the states in terest in any legal complications, was out of the city at the time. and he did not know just what time would be required in making the states de- fense to the mandamus action.
 However I am anxious to eXpe- dite the matter as much as possible ' said be- and presume that the attor- ney general will be in the same frame of mind As to when we can be ready will depend upon him.
 Trial Court May Be Final. Judge Blackwood asked if the ac- ton of the Circuit court ill the mat ter would be regarded as final, so far as relieving the state auditor Of responsibility for the issue of war rants on the vouchers, provided that court held that the Oldham act con- templated ,the payment of these claims.
 Mir. lobe replied that he could not say whether he would take this ac- tion as final or not. He admitted that the statute seemed to cover the case. although he reserved his final answer in the matter until later. It is said that at a conference re- gently held this matter was discussed and leading counsel, as well as, the governor, were of the opinion that the statute referring to judgments of Circuit courts, pending the settle ment of the mater in the Supreme court, relieved an official of all re- sponsibility for acts done in compli- anee with the lower courts judgment.
 The statute in question is Section 7795 of Kirby's Digest, and reads as follows:
 Whereas, by the decisions of any circuit court, a construction may De given to any penal or other statute, every act done in good faith in con formity with such construction after the making of such decision. and be- fore the reversal thereof by the Su- preme court, shall be so far valid that the party doing such act shall not be liable to any penalty or forfeiture for any such act that shall have been adjudged lawful by such decision of the circuit court
 -GuS Waterman left Tuesday