The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-09-15
No Funds Appropriated to Pay
Holmes and Lister.
IS THE LAW VIOLATED 2
Warrants Issued Monthly for Sals-
ries of Travelling Auditor and
Clerk of Beard of Control. Despite
Failure of Legislature 20 Act
Maintenance Funds Made 20 Con-
tribute the Necessary Amount.

When the legislature created the state
hoard OF control and the Office OF travel
ing auditor and clerk thereof no sp-
preparation was made in the act for the
payment OF the auditors salary and that
Of the clerk
Both officials Were similarly neglected
when the general appropriations act was
framed.
Ernest Lister. OF Tacoma. is the travel
ing auditor. and NJ. NJ. Holmes. of this
city, performs the duties of clerk Accord
ing TO the views of well known attorneys
in this city. who have examined the laws
passed by the last legislature. these Of
ficials have no right To the money they
are drawing every month from the state
treasurer. More than this it is held that
under the constitution and laws of the
state the treasurer. Mr.. c. W. Young.
is liabls on his bond for every dollar he
has paid Holmes and Lister
If the matter has been called to the
attention of the members Of the admins
tration at Olympia. it has been kept very
quiet.
This is the condition of affairs. When
the legislature, by q sweeping bill, abol-
shed ali the boards of trustees of the
state institutions. it created a board OF
audit and control, which was charged
with the duty TO maintain and control
the various state Institutions including
the two hospitals for the insane. the re-
form school and the state penitentiary-
The Office of commissioner of public In
situations. or travelling auditor" was
created by the same act. and he was
charged with the duty of visiting The
state institutions, auditing their ac-
counts and scrutinizing their manage
ment."
Absolutely no provision was made for
the payment of the salary. 1880 per year
and travelling expenses, of the travelling
auditor. A clerk al 81, 600 per year was
allowed the board for whose salary no
provision was made in the act.
The general appropriation bill Is silent,
both as to the expenses of the state board
of control and the travelling auditor and
clerk. In their haste TO make record
for economy the Populists seem 10
have entirely ignored the influential body
they had created.
Mr.. E. II. Cute, the well known attor-
ney, who was a member of the legisla-
failure of the legislature TO appropriate
money for the payment of MIR. Listers
salary. In an opinion written yesterday,
Mr.. Cute says:
THE act passed by the legislature OF
1897, creating a state board of audit and
control provides In section 5, page SO6.
Laws of 1891, for the appointment of
travelling auditor. who shall be known as
commissioner of public institutions. 1t is
the duty OF this commissioned to visit and
audit the accounts Of the Western WASH
ington hospital for the insane. the East
ern Washington hospital for the insane
the Washington Soldiers Home, the state
reform school and the state pententiary
at least every three months. The act al
lows him s., 800 per annum, and the actual
expenses incurred in the prosecution of his
duties.
Section Z Of the same act gives the
board power TO expend a sum not to ex-
coed 81, 900 per annum for clerk hire.
THE legislature failed to appropriate
any money for the travelling auditors SAL
airy and expenses or for the clerk hire.
Section of article VIII. OF the state
constitution. provides that no money shall
ever be paid out of the treasury OF this
state. or any of its funds, or any OF the
funds under it's management. except in
pursuance OF appropriation by law
at is an established rule of law that
the mere fixing by the constitution or by
statute OF the amount and times of pay
ment Of a state officers salary does not
carry with II an appropriation of funds
with which to meet the payments But
special appropriation must be made. State
vs.. Lindsay. 3 Wash.
1T is the duty OF the state treasurer TO
refuse payment Of claims for the travel
ing auditors salary and expenses and for
the clerk hire provided for in the act; and
if the treasurer has paid any such claims
ii is the duty of the attorney general 10
recover from the state treasurer the
amounts so paid"
The opinion has been submitted To we'll
known lawyers here, who have pronounced
the law and arguments advanced logical
and conclusive.
Mr.. Lister and Mr.. Holmes seem to have
experienced no difficulty in reaping the
pecuniary emoluments connected with
their positions Inquiry was made at the
state office at Olympia yesterday. and it
was learned that the state board Of con-
troll has been approving the claims Of the
two officials. and has ordered them paid
bT rotation. out Of separate funds for the
maintenance OF the various institutions.
For instance. Mr. Lister would be paid
one month out Of the fund for the mainte-
nance OF the Eastern Washington hospi-
tai for the insane. The next month. an as
sessnent for the auditor would be levied
against the Western Washington asylum.
and perhaps the following month the state
penitentiary would be called upon to fur
nish the necessary Si25 and travelling ex-
penses. Mr. Holmes was enabled 10 draw
his warrant IN a similar way. and the
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