Case Information
*1 OFFiCE OF T?IE ATTORNEY GENERAL OF TEXAS AUSTIN nonorable V. A. (;ollioa, kember
I 80~~6 of tiegents 0r the state ‘Peachare Colleges Of G.xam
’ Livingston, Tarrae,
that .yotlr 1508
aertaio impr in sav naraom, Texas, the a in should be paid
was completed, war- the amount aped to be to Mr. lIartin, who irered them at a diaaouat of took in oelling~hio war- e 0piniQn of this Depart- sther the Board must or 0011 e .eurrent rumw , er is reaeirable by law as money, om 0r
notes or aoin. hull V. ~First hational bank, 1.23 0. 6. 106, 31 L. ed, ~97. hr. gartin Is perhaps laboring under the misapprebeuclion that a war- rant upon the Treasury of the State aonetituted l paVmentu of the State’ B obligation. This i8 inaorreat ; a warrant is efn;ply an order upon the state %easurer to pay, out of appropriated funds, as ana when the moneys are arall- able, a specified 6um of money. Th1.s is the mavner pre- scribed by lau for the payment of obligations OP the state,, and all persons entering into covtraats with the State are charged with knwledge that payment will be *2 - page a Uonoroble v. A, Colllna
Mae in~suah mannsr ae aad whea monkys are on hand in the Treasury. such rarrants, vhen funds are available psyment in due order, are psid in sourrent for-their runcw.
It has long been settled in this State that the holdsr of a warrant upon the Treasury of' the State, iasusd by the Comptroller, who sells the warrant at a dimaount, aannot hold the State liable for the loss he thus suetains; that an orriasr or the State has no pm- er to obligate the State to pay auah least ana that the payment of such loss in prohlbitsd by Ssctlon 44 3 or the State Con8tltutl0n. or Artiole State t. Wll- con, 81 f. 291, 9 2. w. l26.
very truly yours ATl'OjblSX PltYEiUL OB TR2AF.t 2. 1. R'alrahlld AssLstant