The Birmingham age-herald., 1917-10-20
STATE TREASURER REFUSES ID PAY
 STATE WARRANTS
Land Clerk, Who Made Written Demand, Will Now Bring Suit to
 Collect

Montgomery, october 19.-CspeciaIJ
 w. l., Lancaster. state treasurer. has de-
 elned to honor five salary warrants tor
 tsling s75o presented for payment by k.
 ". Manning, land clerk of the state au-
 ditors' department, and MT. Manning
 Friday notified the treasurer that suit
 would be brought on his official bond and
 further action taken 10 force the pay
 ment- Mr. Manning proposes to bring
 mandamus proceedings requiring the payment of salary warrants in the or der of presentation contending that they are preferred claims against the treas-
 ury.
 Treasurer Lancaster returned the war rants to MT. Manning with the following statement: T am paying out the money as it comes into the state treasury as provided under the constitution and laws Of the state. At present, there is no money in the treasury available for the pa yment of these warrants, hence I re- turn same to you"
 MT. Manning addressed the following reply to the treasurer; T am in re- ceipt of yours of October IS, in reply to my demand of October 1T for the payment of salary warrants for the months of May June, July. August and September, and note that you refuse payment of same on the grounds that you are paying out money which comes into the state treasury as provided under the constitution and laws of the state and at the present time there is mo
 money in the treasury available for the
 payment of these warrants
 T will thank you to advise me if 1t
 is not true that when l presented war-
 rant No. 50353 or May 31, 1917, that you
 refused payment of same and in few
 minutes after the refusal of the pdy-
 ment of this warrant, as state treasurer,
 paid warrant No. 50351 for S100 to A. c.
 Pearson, filing clerk of the state audi tors office; warrant No 50352 for S75 to Miss Susie Onutt as stenographer in the auditors office: warrant No. 503j9 for $100 to N. H. Jones. pension clerk ] in the treasurer's office: warrant No. 50360 for s6250 to Miss Alice Moseley.
 stenographer in the treasury department; warrant No. 50346 for s75 to Robert Cor l rie, messenger to the governor? l If this be true 1 would be glad if | you will advise me what section of the constitution gives you the right to dis criminate between the employees of the state, and also if it is not fact that | you have paid warrants Nos. 502Sl 70
 50345, inclusive, issued on May 31, 1917.
 for s22, ,3231s payable as expenses of .he | convict department. and l would also l like for you to cite me to the section of 1 the constitution which makes these
 claims preferred to those of the employees I of the state?
 l If YOU are acting, as you state, un- der the constitution, the employees of the state will not complain but uls 1 til you convince them of the truth of l this statement they will seek redress through the courts as they have obli- gations to meet as well as the convict department as these conditions have l existed for five months.
 "As you have refused the payment of. I these warrants. the only recourse we will have is suit on your official bond, ! together with any other steps necca- i sary for the prosecution of these j! claims
 Judge A. A. Evans of Montgomery. | former member of the Alabama sH- preme court has been employed to bring suit on the treasurers official ] bond and mandamus proceedings. Mir.
 Manning has indicated that another attorney will be employed to assist | him.