Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1914-07-07

mating the States whole auditing sys-
tenn.
Deputy Attorney General w. M.
largest closed by saying that b
Auditor General and State Treasurer
were very Jealous to have sustained
the anthracite coal tax, which con-
tanned an appropriation provision SINH
lar to that to which they objected in
the automobile license act. In h
coal tax act the half of the tax is to go
to coa%l-producing counties.
When Judge McCarrell asked Mr..
Crichton to discuss the grave consti-
t%utional questions he declined to do so.
The judge gave Lower Merton town
ship, Montgomery county, right to in
tervene in the case because it's roads
it's commissioners want decision. No
action was taken on the application
for a supersedeas.
Bells Tart Answer
The answer of the Attorney General
sets forth in detail the "dilatory tao
ties" employed by the defendants in
their conduct of the case. The ans
wer states hat the defendants do not
allege that they have conducted the
case with promptness or vigilance and
further says:
LAS a matter of fact. as the records
of this court show. these defendants
have or n of them has interposed,
contrary to an agreement made with
the Attorney Generals Department.
every conceivable obstruction and
technical objection possible to the
determination of the sole constitu-
tional question involved in the case.''
The Attorney General then recites
the provisions made by the Legisla-
ture for the appropriation of moneys
derived from registrations and license
fees of automobiles and drivers for
the purpose of construction, mainte-
nance, improvement and repair of the
highways of the State and asserts that
the present suit was instituted for
the purpose of determining whether,
when the Legislature specifically APP
propriated' certain funds for road
purposes. that constituted an appro-
priation made by law within the
constitutional provision, the petition
ers having said that they considered
this a doubtful question:"
Million Held Up
Pointing out that the funds thus
appropriated have been collected and
now, to the extent of we'll over one
million dollars, lie in the State Treas
ury; that the roads have fallen into
disrepair and in many cases are In
dangerous condition and that. If the
funds are not available within the
immediate future, not only will the
repair expense become much greater,
but also there will be injuries to per-
sons and properties arising from the
bad condition of the roads, the answer
then asserts that there is no question
but that the State Highway Commits
sioner intends to apply these funds in
a proper manner.
The answer then, to emphasize the
nature of the hold-up, sets forth a
brief history of the litigation thus far
over the fund, as brought out in the
trial of the case. This resume recites
the effort smade by the State High
way Commissioner from February IT
to the present time to force the Audi
tor General and the State Treasurer
to honor acquisitions drawn on the
automobile funds. The delays and
evasions of the Auditor General and
the State Treasurer are fully set forth
with dates.
Additional evidence of procrastina-
ton are set forth in the answer where
in it calls attention to the fact tina
the Dauphin county court decided
against Messrs. Powell and Young on
JIlne 8 n that ne appeal was taken
Until June "a, more than two weeks
thereafter, although it was we'll known
that the Supreme Court would meet
on June 80 and might nave heard the
case at hat time if an appeal had
been taken promptly.