The herald and news. [volume] (Newberry S.C.) 1903-1937, 1913-08-08
ANSWER IS MADE BY
COMPTROLLER GENERAL
REJOINDER TO ATTORNEY GEN
ERAL PEOPLES.
Invites Attorney General to Take Dis
puted Warrant Before Board OF
Claims.
The State, 5th.

The State, 5th.
A. W.Jones, comptroller general,
yesterday addressed to Thos. H.
PEOPLES, attorney general, the follow
ing letter, in reference to the comp
troller's refusal to approve warran;
drawn by Mr.. Peoples for expense IL
CURED in entertaining the National
Association of attorneys general in
Charleston:
Absence from the Office On oflcia;
business has prevented an earlier re-
ply to your letter of July~26 with ref
erence to your claim for expenses OF
entertaining the convention of attor-
neys general in Charleston.
"I can not return this original
claim, as it is now record Of this
Office. If you wish copy of the same
I will have one made for you.
'tMy reason for declining to draw
a warrant for the claim as presented
is that the appropriation does not pro-
vide for the payment of the expenses
for entertaining this convention, but
only for the payment of your acrual
expenses in attending the convention" -"
''You quote my statement thar the
expenditure of the appropriation is
within your discretion, and l so rec
ognize, but you did not quote me in
full. 1t is a legal discretion, which
does not authorize the diversion Of
the appropriation to other purposes
than those for which it is made. l
also am a constitutional and bonded
officer Of the State and responsible
to the people for any diversion OF pub
lie funds which 1 may knowingly per-
NIT. Before issuing my warrant i
must be able to put my hand upon
an act of the legislature specifically
directing the payment of the fund in
question. If such an act does exist
and has been ignored by me, the
claimant has his remedy in the courts
and may obtain a writ of mandamus
to compel my compliance with the
law.
"EYou say you do not know that I
have the right to question any war
rant that YOU may draw and present
to me for payment If you desire en-
lightenment on that subject, you can
probably obtain it from the courts or
from your own examination into the
statutes. 1 have nothing whatever to
do with the question whether or not
it was proper for the legislature to
provide for the entertainment of this
convention or whether it was desirable
that they should do so; nor am to BE
effected in the performance of my
duty by the advice and wishes OF the
hospitable people of Charleston. Ee-
fore 1 can pay for the entertainment
of the convention, the legislature
must so direct.
''[ note you state you will have the
claim discounted at one of the banks
and present it to the next legislature
for payment. This is matter with
which 1 have no concern whatever,
but 1 desire to call your attention TO
the act creating the board OF claims
(2S Statutes, p. 1899, and if you will
allow me, 1 would suggest that you
submit the claim to that board OF
which you, the secretary of State and
myself are members. The intention
Of the legislature in creating this
board was to have these claims eX'
smined into and reported upon be-
fore their meeting and the report OF
the board is to be submitted to the
ways and means committee Oh the
house Of representatives ten days be-
fo,e the convening of that, body"