AGO 1949-51 No. 182.

• Case Date: December 15, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 182. December 15, 1949[Orig. Op. Page 1]PRIVATEFEDERAL GOVERNMENT FURNISHING BOND TO SECURE DUPLICATE WARRANTS.Sections 11010, 11011 and 11012 Rem. Rev. Stat. do not require the furnishing of a bond by the United States Government in case of a lost or destroyed state warrant previously issued to the Federal Government before the execution of a duplicate warrant by the state auditor, but the state auditor should comply with statutes in all other respects.Honorable W. A. Bugge Director of Highways Transportation Building Olympia, WashingtonCite as: AGO 1949-51 No. 182Dear Sir: We have your letter of December 8, 1949, in which you ask the following question: Do sections 11010, 11011 and 11012 Rem. Rev. Stat. require the furnishing of a bond by the United States Government in the case of a lost or destroyed state warrant previously issued to the Federal Government before the execution of a duplicate warrant by the state auditor. The conclusions may be summarized as follows: The United States Government is not required to furnish such a bond, but the state auditor should comply with statutes in all other respects. ANALYSIS Your letter states in part: "Some time ago the State Auditor issued State warrant No. 445442 in the amount of $40.26, in favor of the United States Department of the Interior, drawn against Motor Vehicle Funds, in payment of operating and maintenance costs [Orig. Op. Page 2] due U.S. Indian Irrigation Service relative to costs incidental to the purchase of lands for a portion of Secondary State Highway No. 3-A, Wapato to Prosser. "We were recently informed by the U.S. Department of the Interior, U.S. Indian Irrigation Service at Wapato, Washington, they had never received the warrant. The Washington State Treasurer informs us the subject warrant has never been cashed. * * *" You further advise us that the Federal authorities object to giving a bond and then ask as to the proper procedure in this case. Section 15, page 639, Laws of 1889-90, [11010 Rem. Rev. Stat.] provides for the issuance of duplicate warrants "In case of the loss or destruction by fire or any other cause, of any state warrant or warrants * * *." Section 16 of the same act [11011 Rem. Rev. Stat.] provides: "Before any such duplicate warrant shall be issued, as provided in the last...