Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-12-14
CAMP GET TIE MONEY YET.
The Odd Position in which the Board Of
State Prison Commissioners Find Them
selves.

the odd Position In which the Board Of
State Prison Commissioners Find Them
selves.
Two items have already appeared con-
corning the State Prison Directors salary
expenses case. 1t has taken on q new
and interesting phase, and demands for en-
intelligent comprehension of the matter a
resume of sll the facts. Ga Monday. the
11ih, the State Prison Directors, through
their attorney, Charles B. Darwin, appeared
before the Superior Court of this county and
paid over to the Deputy Attorney General,
on behalf of the Directors, the several SUNS
they had received from the State under the
Act of 1881 for travelling and other ex-
penses incurred while engaged in tie
performance Ct official duties, snd for
which the ATTORNEY General had brought
suit in the name Of the State to re-
cover back said sums. The case was tried in
the Superior Court Of this county and decided
in favor Of the Directors. 1t was then ap-
pealed 10 tie Supreme Court, and by that
body remanded to the Court below, with re.
versal of the Judgment, on the ground that
the Act (lSo1) under which they drew the
money was unconstitutional. The action was
then dismissed, and the Attorney General
paid the several sums received, which amount
ed to 81 ,0S7 so, back into the treasury.
These were paid over by the Directors as
follows: Director Everson, S1,774 Is; Di-
rector Schell, 81. 307 60; Director McNutt,
S149 30; Director Neff, S2,64l s. Director
Chapman, S3,614 60.
On Tuesday, the 18th, the Directors named
filed their claims for expenses actually il.
Cured and mileage with the State Board of
Examiners, which body allowed them the
following amounts thereon: A. II. Chap
Il. McNutt, 1872; j. b. Neff, 81, 953 60; G,
w. ScheU, 81. GAG 70. The Act of 1880 for
the government Of the State Prison provided
that the Directors should receive no salary
or compensation for their services, bu. should
be paid for travelling and other expenses
while engaged in the discharge of duty
twenty cents per mile for miles actually
travelled. The same Act Section IS) pro-
vided for the auditing of the claims by the
Directors themselves.
Yesterday the audited claims allowed by
the State Board of Examiners on Tuesday
were presented to State Controller Kenfield.
that he might draw his warrants on the State
Treasury for the amounts, but the Controller
declined so to do, and the claims remain nm
paid. His action is understood to be based
on these grounds. Section 4, of Article x.
of the Constitution, provides: 1.-THE mem.
bers Of the Board shall receive no compensa.
ton other than reasonable travelling and other
expenses incurred while engaged in the per.
Torrance Of official duties, to be audited as
the Legislature may direct" Now the Act
under which the Directors drew the sums of
money that it has been held they were not
entitled to, aud which Act he's been declared
unconstitutional, provided thst the Directors
should audit their own claims, as follows
tSec.ion Isl; 90 For all sums of
money required to be paid, other than for the
uses above named, as we'll as for
said uses, when there is not suf.
fcient money in the hands of the
Wsrdens. drsfss shall be drawn on the
Controller of State, signed by at least three
OF the State Prison Directors, and counter
signed by the Warden, and the Controller of
State shall draw his warrant on tie State
Treasurer, who shall pay the same out of any
moneys belonging to the State Prison fund.
or appropriated for the use or support of the
State Prisons"
The notification of this Act by the decis-
ion OF the Supreme Court leaves no legisla-
tive direction for the auditing of such claims
as were passed upon by the Board of Exam
liners on Tuesdsy, and hence there can be no
allowance thereof and no warrants issued
against the State Treasury therefor.