The log cabin Democrat., 1916-05-13
AUDITOR 10 APPEAL CL|B0URN DECISION SIX FUNDS ARE TIED UP Highway Survey Funds, However, Still Available from State
 Treasury.

Lltle ROCK, May 13.-UnleSS man. damus writs are issued, the fish and game commission fund is the only one of the seven state funds out of which warrants will be paid in the immedi- ate future. Perhaps the supreme court will prevent payments from the one.
 Judge c. Walter Hendricks of the Third Division, Pulaski circuit court, yesterday afternoon denied A. M. Lund's petition for a write af man. damus against State Auditor M. F. Dickinson. MT. Lund sought to col lect $35 for engineering services ren- dered the department of state lands, highways and Improvements.
 His petition was filed several days ago. Auditor Dickinson announced that unless Mir. Lund's petition was granted he would not issue warrants on any but the fish and game commis- sion fund, as he was ordered to do Monday by similar operation.
 The Monday order compelling the auditor to issue warrants against the fish and game commission fund was granted on petition of Wash Chbourn.
 Following this decision the auditor said he would await the Lund case decision and should he be mandamus- ed in that case also, the two orders would establish sufficient precedent for him to issue warrants against all the seven state funds that are in volved. The others are the fertilizer, the nurses, the veterinary, the blue sky" and the teachers fund. Litigation resulted when Auditor Dickinson and State Treasurer Me- Daniel several days ago decided that they should have court rulings on the legality of isuing and paying war rants from state funds against which the 1913 legislature made no specific appropriations.
 Auditor Dickinson said last night he will proceed to have the Clibourn mandamus tested in the supreme court. If Judge Hendricks is upheld Tn this case, payment from the fish and game commission fund will pro- ceed. In deciding the Clibourn case Monday, Judge Hendricks presented the ruling of the Pulaski chancery court in preceding test of the legal ity of paying out money from the fund.
 This ruling was to the effect that the legislature created and provide for the enforcement of the law; and it followed that expenses of enforce ment should be paid.
 MT. Lund said last night he has not decided whether he will appeal to the supreme court. "I have not yet conferred with my attorneys" he said. My action will depend upon their advice"
 Highway Commissioner w. B. Owen last night said the further de- lay in disposition of the money in the highway fund will not immediately effect road survey work in the state, as the department is operating under proclamation issued by the govern or. He said expenses of all survey work now under way and probably all that is requested, at least for a time, can be kept within the limit of the amount of the vouchers the depart ment is allowed to issue in the procla- nation.
 Not the least important result of further tying up the highway fund is the delay in instituting a proposed school of instruction in care of roads. Commissioner Owen for some time has considered the advisability of in augurating system whereby road overseers, farmers and the general public, if it so chooses, can learn sci entific methods of caring for roads and intends employing an expert to conduct the school as soon as the funds of the department, which would be touched but lightly, he says, are available.