The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-09-24
TURNS DOWN CORLEY's WARRANT
COnstable's Claim Refused by Comp
troller General-Letter.

Columbia, Sept. 20.-Comptroller
General Jones has declined to honor
the warrant for $3.50 drawn in favor
of P. H. Corley, as chief constable, on
the governors fund for the enforce
ment of law, and approved by the gov
ernor. The comptroller general says
the warrant is drawn without law, and
under the law he can not pay 1t. MT.
Corley accompanied the governor on
the last half of the State campaign
tour. He was formerly sheriff OF Lex
ington county.
Rumors of Mr.. Corley's warrant be-
ing turned down were heard On the
street, and On being asked about the
matter Comptroller General Jones
submitted to the reporter the follow
ing letter he had written Mr.. corey
and also a statement of Mr.. CorIey S
account:
Columbia, S. c., Sept. 16, 1912.
Mr.. P. H. Corley, Chief Constable OF
South Carolina, Columbia. S. C.-Dear
Sir: I have statement of your claim tor
expenses, per diem and mileage, cnle1
constable, in accordance with Section
721. Code of Laws, 1912, together with
order or approval for payment out OF
the special fund for enforcement OF
the law, at the disposition OF the gov
ernor.
7 regret that l do not see my way
clear to issue a warrant on the State
treasurer for the payment OF your
claim. Ny declining to issue the war
rant is because of Section 43 OF the
Appropriation Act of 1912, p. 9So'
which provides that no executive ON
Ger shall use any of the special funds
appropriated to the department OF
which he is the head for paying tor
services in discharging duties imposed
by law on any officer whose compen-
sation was not provided for by tnis
Appropriation Act.
It appears that you hold the ONCE OF
chief constable of the State under the
governors appointment, as provided In
Section 721. of the code, and that the
legislature has made no provision Ior
the compensation of such ofncer. Inc
act under which you were appointed
nroyides that you shall receive, When
actually engaged in the public service
S. per day and cents per mile for
each mile actually travelled in the per-
formance of your duties as your COM
pensation, and without any provision
for the payment of your expenses
while so engaged.
It is clear, therefore, that the charge
in your claim for railroad fare ana
hotel bills can not be paid you, be-
cause the statute does not provide for
it. There is room for argument tnat
the special fund for the enforcement
of law. out of which the governor mas
ordered this claim to be paid, should
be applicable to its payment, but IN
view OF the direction Of the leglsla-
ture that 10 part of such fund shall
he Maid for services in discharging the
duties imposed by law upon any OF
fcer whose compensation is not pro-
yided for by the. appropriation, act,
do not see my way clear to issue a
warrant upon this fund for payment
of your claim.
Ine question as to the construction
of this act, is one which might be sup
1nitted to the court, and If they holo
that your claim should be paid out OF
any special fund for the enforcement
of law Twill gladly issue the warrant.
But until the courts so decide, l am
forced to hold, as an executive ofncer,
that no provision has been made Dy
the legislature for payment OF your
claim, and that the warrant can not Oe
issued therefor. Respectfully,
-. A. w. Jones,
Comptroller General. q
Columbia, S. c.. Sept. Il, 1917.
Statement of expenses of P. H. Cor
ley, chief constable of South Carolina,
during period from July Is, 1912, to
date, as shown below:
Expenses to Greenville in connec-
ton with escape from jail OF I. U.
Vaughn:
Nine days, at s5. .....s45 90
Q 00