Pullman herald. [volume] (Pullman, W.T. [Wash.]) 1888-1989, 1895-04-27
EDDY HAS BEGUN sur.
Mandamus Against Kinea,d 4. a..
able April ct.

Mandamns Against Kincsid /. a.,n
able April a7.
Salem, Or, April 19.--James p I'd.
dy today filed a complaint with r.
clerk of the Marion county cirenit eon-.
against Secretary H. r. Kincaid e.
the collection of $245. So. alleged 70 -
salary due him March 81. 1895 for
services rendered the state as railroaa
commissioner. The petition in suh-
stance is as follows:
THAT the plaintiff was duly elected
railroad commissioner in Fehrnarv
1898, for term of two years, and until
his successor should be elected and
qualified; that February 90, 1891 no
was duly qualified as such commits.
sioner by taking the oath and fling the
bond as required by law; that plaintiff
entered upon the duties of his Office and
has continued to hold the same. per.
forming the duties thereof; that the
plaintiff is entitled by law to an an.
nual salary of $4,000, payable quarter.
ly; that no successor has been elected
by the legislature; that said salary has
been regularly paid at the end of each
quarter except the amount due for
quarter ending March 81, 1895, amout-
ing to 1925, of which sum the defend
ant has issued a warrant for S379.4b.
leaving a balance of $245. 55; that the
defendant has refused to issue war
rant for a greater sum than $379.45, al
though the Legislature appropriated
money to pay said salary
Therefore, the plaintiff prays the
court for an order directing Secretary
of State II r. Kincaid to Immediately
issue warrant for $245. 55 in favor of
the plaintiff, or show why he has not
done so.
The following names appear as at
torneys for the plaintiff:
Cyrus Dolph, E. E. Mallory, Joseph
Simon, Judge Strahan and J. G.. More
| land.
In answer to the petition Judge
Hewitt has ordered that writ of man
damus in favor of the plaintiff be is
sued, requiring the defendant to issue
the warrant as petitioned for, or appear
in court at Salem April 81, 1895, at 2
p. NJ, to show cause for not doing so.
The writ was served ON the secretary
today.
In consequence of withholding the
pay of various claimants, correspond.
ence is accommodating at rapid rate in
the secretary of states Office. Every
mail brings letters concerning the hold
over commissioners.
Commandment Baldwin, of the Sol
diers' Home, writes that the interests
of the home are suffering, and asks tt
know who is responsible for withhold
ing the dues for the past quarter Sec
rotary Worthington, of the Weston nor
NAL school, urges the secretary to ISSUE
warrants for salaries of the employe
and professors of that institution. Nh
Worthington also asks for warrant O
81, 800 to apply as payment on the tow
lots the regents have contracted for
This the secretary will not recognize
Payment is withheld pending a lega
opinion by the attomey-ge general on TIL
manner of auditing bills In the case o
the Soldiers Home, the irregular man
ner in which some of the members o
the new board were indicted into offic
rendered it uncertain as to whether tn
old or new board is entitled to recogni
ton, and the attorney general has beef
asked for an opinion, fixing the date o
expiration of tenure of the old boar'
and the beginning of the new.