The Prescott daily news., 1909-06-24
IGNORE COMPLAINT
 AND DEMURRER
State Capitol Commissioners to Decide Today Whether to Fight Case In
 Supreme Court

Litt.e Rock, June 24-Ignor.ng the complaint and demurrer in the mandamus petition filed by Caldwell and Drake to force State Auditor Uobe to issue war rants upon the State Treasury for the $2O,OOO in vouchers held by the contractors Judge Stew enson yesterday afternoon is sued the mandamus, drawing his conclusions from matters which were not brought up in the com- plalnt demurrer or argument. An appeal was prayed but for some time it will not be known wheth-I cir, or not it will be pushed. 1.-the state pays the $2O,OOO Caldwell and Drake have gone. on record as saying they would step out of the state house make no fur ther legal battle and submit to the finding of the board of arbi- tration. The State Capitol Com mission is in session today and will decide whether to request Auditor lobe to fight the case the Supreme Court or simplify matters by paying the vouchers. Attorney General Norwood will rest upon the decision of Auditor lobe as to whether he will push the case Should Auditor lobe decide to push the appeal the diminutive attorney general will get behind it with the push and vim which has marked his fight in the railroads and packing houses cases.
 The decision of the court was more than a surprise to Attor- ney General Norwood. The plain tlff went into court and claimed there was no appropriation from which to pay the fund until the passage of the Oldham act, At torney General Norwood demur- red on the grounds the money could not be paid out of the Old ham bill appropriation,
 Judges J. II. Stevenson, k J, Lea and rJ E Martineau, who heard the evidence met yesterday and went still deeper into the case than the attorneys had gone They declared the case was one to be declared on it's merits and not from the legal points brought up They decided there was an appropriation out of which to- pay the $2O,OOO created when
 the state capitol bill was passed in 1905 which was made contig- ious. The judges declared there was distinction in the claim of Caldwell X Drake, and W, R. Alexander, who filed a suit against Dr. A. r Moore, then state auditor, to force the pay ment of Sl5 voucher for ser
 vices rendered as member of the capital commission which was decided on in favor of the auditor by the Supreme Court, They hold that Alexander was state official but that Caldwell and Drake have a contract with the state which cannot be an nuiled except for cause, which CdusS tue Sldte flaS not snow n The Judges hold that the con- tract is still in force and as the fund for the completion or the State Capital was a ccontigious one, the state must pay the prop erly certified vouchers drawn up- on it or be in violation of the constitution of the United tSates.
 Nothing can be done however, until Caldwell X Drake present the vouchers, Their representa-, tives do not know when they wt.l present them probably waiting to learn the action of the Caps-f tai Commission at it's meeting to- day nearly everyone in Little Rock is anxious to get the vouch- CTS paid and see the work go a. head uninterrupted on the Cap itol building once more, Should this settlement be made 1t is probable Judge Jacob Trieber. who last Monday sent his resign ation as a member of the board of arbitration to Governor Don aghey will consent to serve.