The herald., 1893-10-24
ALAS FOR THE "BIG SIX. /"
JUDGE VAN DYKE KNOCKS THE
JUNKETING COMMITTEE SILLY.
Auditor Teale VIII Not Have to Record
the Demands insisted Upon by
the Board of Educational
snappy Decision.

The junketing committee OF the
school board and the "big six" were
knocked out in great shape by Judge
Van Dyke.
They will not be able to compel Audi
tor Teale to recognize tie claims they
so promptly passed voting themselves
money. 1t will also no doubt be prece-
dent in the demand OF Miss Tessa kelso
for her Chicago trip expenses.
The case, as will be remembered, was
an application for a writ of mandate to
compel City Auditor Teale to, number
and record demand for $46 60 for the
expenses of G. T. Pepper, the items OF
which were set forth as follows:
transportation to San Francisco and re-
turn ...............-....... $50 90
Meals and incidentals. Observation-Disclosures. IS
transportation to San Bernardino In
sane asylum. ..........-....-- %
Iotal OBSERVATION-DISCLOSURES. ..........- @4o oO
Judge Van Dyke reviews the case at
come length in the opinion filed by him,
in the course OF which he says:
"The so-called claim or demand which
was presented to the board of education
and presented to the auditor to be num-
bered and registered, does not show
that it is any demand payable out OF
the school fund of the city nor that it is
for any services performed for or on be-
half OF the school department or any
department OF the city in any manner
whatever, or that it could in any way be
made a charge or claim against the
school department of the city in any Of
it's departments"
Continuing, tie court riddles the
demand as follows: 1.-The affidavit ap-
pears to be made upon blank form
where materials are furnished and work
performed for and on account of the
educational department of the city. 1t
does not appear therefrom that Mr..
Pepper was the party transported, al
though he makes the claim, nor that, if
he be the party transported, that the
expenses were in any way connected
with the department of education or any
other department of the city.
There ia no allegation that the trans
portation was for or on behalf OF any
matter connected with the department
of education, or any other department OF
the city. or for any public purpose.
Notwithstanding this utter want OF
anything either on the face of the claim
OE df0ImSDb III tno RObltiOA w EhoW thob
the so-called demand was payable out of
the school fund, or out of any city fund,
it is contended ON the part of the relator
that it is the duty of the auditor under
section PA of the city charter, already
cited, to number and make a record of
such demands, ss in the case of demands
approved by him, even though the de-
mand may be illegal and void, inasmuch
as the language of the charter in this
particular is ''any demand"
After discussing the law upon this
point Judge Van Dyke says that sin
this case the board of education had no
jurisdiction to consider or allow the
claim any more than they ould have
had to consider and allow transporta-
ton expenses and hotel bills of any
person in or out OF the city for trip to
Chicago, London or Paris on pleasure or
private business.
The court holds that it would be folly
to require the demands numbered and
recorded il they could not become de-
mands on the treasury and could not be
properly paid; that the claim is not a
demand upon the city treasurer entitled
to be paid out OF any fund therein. and
it would be useless to have it recorded
by the auditor. The demurrer is sus-
tanned and the writ is denied.