Palatka daily news. [volume] (Palatka, Fla.) 1919-1994, 1922-03-07
THE STATE FILES ITS
ANSWER To MARION
COUNTY REJ0|NDER

Tallahassee, March by Attor-
ney General Rivers H. Buford the
board of state institutions has filed
it's answer to the suit recently
brought by citizens of Marion coun-
ty seeking to enjoin the carrying out
Of plans for capitol extension. The
petitioners alleged that the plans, as
prescribed by the legislature, were
not being followed.
They further claim that at the
time the board let the contracts for
the constructions of the extensions
there was not sufficient funds in the
state treasury to meet the appropria-
tion made, and that all earlier ap-
preparations had priority over that
for the enlargement of the capitol.
They also claim their right to invoke
the aid of the court in preventing
Hpe board from constructing the ex
Hnsions according to the plans which
hey have adopted and from paying
pht any money to the contractors, on
the ground that the complainants are
citizens and taxpayers of the state.
The board of commissioners of
state institutions deny that the leg
islature, in fact, ever adopted any
plan or that any plan for such work
was ever submitted for it, notwith-
standing the fact that the act itself
does refer to plans submitted. And
the defendants allege that no plans
whatever were furnished the board
by the legislature or its authority,
but that the legislature vested in it
the authority to enlarge and alter
the capitol building as it might in
its judgment and discretion, deem
best.
The defendants also claim that in
order to be authorized to make con-
tracts TO rthe expenditures required
by the act in question it is not re-
quired that there should be at that
time actually in the treasury money
ito meet the appropriation made for
that purpose and all other appro-
priations made earlier; that the law
'contemplates and it has been the
recognized practice in this state al
ways for appropriations to be made
and contracts calling for the eXpen-
'diture of public money to be made
whenever there would be funds
available for the purpose or pay
Fnents would become due; that APP
preparations and contracts in pursu-
ance thereof are always made with
reference not only to the money ac-
tually in the treasury, but as well
with reference to anticipated reve-
'nues 10 be collected under levies al
4eady. made or authorized.
y The defendants also allege that
even had the legislature specifically !
adopted the plan for "U" shaped
building, that the plan adopted under
WillCll JllC WOIh INV
is no substantial departure therefrom
but is in conformity to such general
plans and no greater change in such
supposed plan than the act itself
authorizes. The defendants deny
that the compliments, as citizens
and taxpayers of the state, have such
an interest in the matter as to en-
title them to maintain a suit or to
enjoin the said board from construct
ing the building according to the
plans adopted by it, as the complain
ants have no personal or direct in
Eerest. in the matter greater or other
Than has every other citizen of the
tate, whether taxpayer or not. Is
The defendants aisp claim, by way L
f demurrer incorporeted in their t
Inswer, that the court Is without II
Jurisdiction to control the Judgment e