The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1912-12-26
Brief for fhe State States
that Limitation Applies
Is 5the Case.
is fhe Case

3ientftIed to? This Is more. tlian q
passing Question
The supreme court ordered state
1 Auditor J. S. Darst to draw Al war.
rant for the amount. The e4nFtltu-
fition says:
Livery appropriation or 50 much.
thereof as may be remaining un-
drawn at the ead OF three years az
ter the passage Of the act by when
such appropriations Is made, shall De
deemed to have expired and no
warrant shall thereafter be issued
upon it.
The appropriation OF $4,000 was
made by the Legislature on March D
1907, and the amount not having
been pad. the sum APPROPRIATED re-
verted back to, the general state
/ fund. The auditor had refused to
pay the amount and was first sus-
tanned by the supreme court in his
refusal. The auditors refusal was
biased on the ground that the appro-
priation was in direct conflict WITH
the powers Of taxation OF the legs
Iature which zre peculiarly re-;
stricted and specified in the consti-
tution- constitution provides
that ...in. no case shalEa. special law
be passed where a geenral Law
lwouId be proper and applicable to
the case"
The auditor fl1ds himself in the
position Of being ordered to draw Al
warrant for an appropriation that no
longer exists, in other words with
notni1ag 20 draw on. The treasurer
twas not made a party to the suit
and even il Lee state auditor were
to ,drawea warrant on the state
treasurer FOR the amount the state
, treasurer would dnd himself IN the
same position. that the auditor Isl
now in, and probably would Teluss
to endorse the warrant.
When the. Csc came up the hrse
t me, and the position of the state
auditor was sustained, Judge Bran +,
non sad. in the opinion: !
Il as5crs without argr mentation'
that this aop,opriat.on IS not Pars
~ the estimated expenses OF the
state !. is not fer governments
expenses, not for public use or pur-
pose. but remote incidental theo-
!retical- i can not open such door
ito abuse of the taxing power"
4 In the. brief fled by Attorney Cen I
eraI William G. Con1ey and ASSIST .
ant Attorney General Frank Lively Z
are some very spicy references. The
STATE is now asking for a pehearings
I'M, f7,a rnanCcmus awarded Wood
al against the. state auditors tne
brief Just filed IS in support OF re- (
hearing
The state constitution is the
written will of the people With US
lit is sovereign. or ought to be- All
branches of the government are, OF
ought to be, subservient to its man
dates says the attorney general :
tFoIowing a number Of citations the
attorney general says:
I'VE are too prone to ideallze the f.
m .litary and the pomp and panOp'y.
The r.IIt1ry hero appeals to our ao-
!mirat:on and bounty, because We
in our evolution from the savage
tribes of Angles and saxons when
they emerged from the lprth OF
Germany e.ad the Islands OF the
Jutes in thes fifth century and
dashed 10 sea in their rwo-sailed
Ibarks. landed anywhere. killed eT-
lerything: ard hav1g sacrificed IN
honor OF their gods 1.-THE OF their
prisoners and. leaving behind them
the red Hight OF their burRi1gs, went
farther on to begin again- down to
the establishment OF the Hague
Court of Peace in the last century.
( have passed. through ccf1ein0ous
warfare. Rarely the cause Thereon
was Just. bit most frequently for
some trivial, imaginary or trumpet
up cause. This wa- evolution has
left its imprint upon Us, and soldier
is synonymous with hero. Hence the,
! atavistic tendency to start up at the,
blare Of a trumpet or the rattle OF a
drum
another quotation is taken from
Judge Brannon's opinion irE the first
!. case n which madamus was re
fused IN which Judge Brandon said;
where the end OF taxatton II we
establish pension systenie i re-
- peat that I an no: wilii1g 70 open
7 MS door. i assert HAT the
7 trainers OF our constitutions did not
dream of AUTHORIZING stats 70 have