The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1914-03-19
WON'T PAY CLAIMS.
Comptroller Holds Up Items Passed
by Ways and Means. ..

Columbia, March 13.-Comp-
troller General Jones announced
this evening that the claims passed
on by the ways and means commit
tee of the house would not be paid
until the courts rule on them.
MIR. Jones said: Il have declined
to pay the claims approved by the
ways and means committee of the
house, but not acted upon by both
houses of the general assembly, for
the reason that they do not come
within the definition of claims passed
by the general assembly on the ap-
propriation act. | was doubtful
what course l should follow in this
matter and called upon the attorney
general for his advice and opinion
in writing as to what I should do.
He declined to give me an opinion in
writing. I therefore, sought advice
of an attorney, who gave me the
following answer:
Answering your question as to
whether you have authority under
the appropriation act of 1914 to pay
certain claims passed upon by the
board of claims and favorably report
ed to the ways and means commit
fee of the house of representatives, l
will say that item l, of Section 80,
of the appropriation act, carries an
appropriation of $4,000 to pay
claims ''passed by the general assem-
bly," 1t does not appear that the
claims you refer to have been passed
by the general assembly nor by eth
er branch thereof. 1t appears that
these claims were reported to the
house of representatives by the ways
and means committee and the report
thereon adopted, but it does not ap-
pear that the house took further ac-
ton towards the same, according to
the constitutional requirements.
aside from the language OF the
statute it may be known that the gen
eral assembly intended to make pro-
visions for the payment Of the claims
you refer to, but you, as comptroller
general, as we'll as the courts, are
confined to the language used in the
appropriation bill to ascertain the
legislative intent. The language
used, "to pay claims passed by the
general assembly," is very definite
and certain, the constitution pre-
scribing what is necessary to be done
by the general assembly to pass an
act.
"I do not think it very likely that
the court would hold that the action
of the board of claims upon these
claims, the report OF the ways and
means committee thereon and the
adoption of that report by the house
of representatives would answer the
conditions specified and imposed on
the item and section of the appro-
priation act above referred to.
"I do not think you should as
sumo responsibility for paying these
claims. 1t would be for your protec-
ton to have the order of the court
before paying or issuing your war
rant in payment thereof.
The 1913 session of the legislature
created board Of claims. This board
approved claims of s201,10S.34, in
cluding 100000 owed the sinking
fund, most of which was borrowed
for the asylum. The ways and means
committee approved claims of s12,-
67S.01, thus leaving out claims pass
ed on by the board of claims and
probably inserting claims not ap-
proved by the board. The refusal
to pay these claims now brings the
matter to an issue. A test case will
be put up to the courts. The general
assembly appropriated $4,000 for
claims.