Owen v. Beale
| Decision Date | 18 January 1906 |
| Parties | OWEN ET AL. v. BEALE. |
| Court | Alabama Supreme Court |
Appeal from City Court of Montgomery; A. D. Sayre, Judge.
"To be officially reported."
Suit by Jesse D. Beale against Thomas M. Owen and others. From a judgment in favor of plaintiff, defendants appeal. Affirmed.
Massey Wilson, for appellants.
W. L Martin, for appellee.
The bill in this case is one by a taxpayer to restrain an alleged unlawful expenditure of public money. The amount which the bill charges as being unlawfully expended is the sum of $700 per annum, which said sum it is alleged that the respondent Thomas M. Owen, as director of archives and history, has received in payment from the state treasury on the warrant drawn by the State Auditor and claimed by the said Owen as an appropriation duly authorized by law for the maintenance of the department of archives and history. The cause was submitted on the pleadings and proof, and a decree was rendered by the city court, granting the relief sought by the bill. From this decree the present appeal is prosecuted.
By an act approved February 27, 1901 (Acts 1900-01, p. 1197), the department of archives and history was created. By the third section of said act (page 1199) the salary of the director was fixed in the sum of $1,800 per annum, and "a continuing appropriation for said annual salary" was thereby made. By the seventh section of said act (page 1201) it was provided "that in addition to the salary of the director hereinabove appropriated, the sum of seven hundred dollars annually is hereby appropriated for the maintenance of said department and the Auditor is hereby authorized to draw his warrant on the State Treasurer for the whole or any part of the said amount in such sums and in such manner as may be authorized by the board of trustees." On the 13th day of February, 1903, the Legislature passed the general appropriation act (Gen. Acts 1903, p. 50), by the terms of which act it was provided, in section 1, subd. 36, as follows: "For the maintenance of the department of archives and history, twenty-five hundred dollars for each year to be used and expended as provided by the law governing said department." By section 3 (page 54) of said general appropriation act of 1903 it was provided that "no appropriation herein made shall be construed to be an addition to the appropriation for the same purpose or purposes made by separate acts...
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