The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-03-10
REPORT
Continued from FIST Page.)

| being party in interest in every collec-
ton, in our judgment it was the duty Of
the attorney general to have assisted in
| every way possible in the collection of
these notes without any further compen-
sation than mis- general salary To be sure,
! the provisions of the act Of congress pro-
viding for the territory having control Of
the school lands provides that the costs
and expenses of collection may be paid out
Of the fund derived from the leasing Of the
| land but does not in any way prescribe
what these costs and expenses are, and in
| our Judgment there ought to be no costs
and expenses made by any officer whose
duties are prescribed by law and whose
| salary is otherwise provided for. Other
wise the governor and each and every
member Of the school land lease board
| could justly claim that they are entitled
to compensation out of these monies, and
fix that compensation themselves There
! certainly is no matter in which the ter
| ritory, as such, is more deeply interested
| than it IS in the leases Of the various pub
| lie lands and that interest must be pro-
| tected by public officers. and if duties in
| connection with the protection Of the in
! terest devolve upon officers whose salary
IS fixed by general statute, then there
| should be no cost and no expense for them
IN connection with the management of the
public lands or the collection Of the school
| lands lessees' notes. We do not there
fore believe that the school land lease
board had any authority 70 contract with
any private attorney or with the attorney
| general for the collection Of these notes
except in so far as that collection involved
an expense to the attorney generals office
not contemplated by the general statute
OF the territory prescribing the duties OF
the attorney general, and any such
amount might properly be paid out of the
school land funds. 1t is proper to say that
the evidence shows that the ATTORNEY. gen.
eral took these notes in bulk not simply
down to the first o fJanuary preceding
the contract, but such as were past due
to very shortt irne prior to the contract,
and that he was to receive as compensa-
ton for their collection ten per cent upon
the amount by him turned into the school
land lease board, which amount was not
the total amount collected from the
leassees' on their notes, but the amount
collected from the leassees on their notes
less the commission of ten per cent by the
leassees paid as a penalty for not payign
their mates promptly at maturity. This ten
per cent was in many cases collected and
retained by local attorneys Throughout: the
territory AS compensation for their SER
vices in enforcing the collection of the
notes, the principal and interest upon the
notes being by them RENTED to the at
torney general or the school land lease
board, from which amount the attorney
general deducted his ten per cent for the
collection. The evidence also shows that
the total amount of these notes turned
over to the attorney general was over
eighty thousand dollars, upon which notes
he brought not to exceed two SUITS that
about FIVE per cent of the total amount
collected was sent direct to the secretary
of the school land lease board, upon
which. however, the attorney general was
paid his ten per cent under the contract;
that the total amount collected by the at
torney general was over S35, 900, upon which
he received commissions amounting to
over 500 up to November 30, 1888, a very
considerable portion of which he claims 10
have expended for expenses in making the
collections and for sending notices. tao.
The sixth specification of the investiga-
ton for your committee has reference to
the increase of the salary of the school
land commissioner above the approDria-
ton therefor. The evidence shows that
there was an increase of the salary of the
school land commissioner under the pres
emit board, and it also shows that under
the regulations governing the leasing of
the public lands the board employed the
secretary, or, as he IS denominated in the
resolution, the school land commissioner,
as authority to fix his compensation and
that is a matter which. not having been
considered by any former legislature rest
ed solely in the discretion of the school
land lease board. and while the salary of
50 so per annum is a very liberal one.
we are not prepared to say that it is so
excessive as to indicate either favoritism
or corruption, particularly as the evidence
shows that there had been a large In
crease in the duties and requirements OF
the office at the time the increase was
made.
The seventh specification in the resolu-
ton refers to the amount Of sa,ary dranw
by the territorial auditor in that capacity
and as superintendent Of public instruc-
ton, together with the fees and expenses
received by him as a member OF the terri !
torial board Of education So far a. ths
Investigations of the committee indicate |
there has been no salary, fees or expenses |
drawn by the territorial auditor not au- |
thorized by law. This is not saying that |
his compensation has not been excessive !
and not probably what the last le-isla- .
ture intended that il should be. but II /
their intention is 10 be gathered from |
what they really enacted we are OF the !
opinion that the auditor is entitled to !
every dollar he has drawn, and the blame. |
If any there be for the condition Of af- I
fairs, must attach to incompetent and /
defective legislation
Your committee has had no opportunity
70 examine into the fees and expenses Of
the territorial board OF education other
than as they are indicated by the report
Of the territorial auditor ard by the report
of the expert accountants, which Is sub
--litted herewith.
The management OF the territorial y
brarv from its foundation is a source o.
regret 70 every citizen % Oklahoma who
has its welfare AZ heart. The du-ies o<
the librarian are a. present performed By
an assistant az 2 compensation much less
than the librarians salary. while he gives
MS attention in great measure 70 pr
vate interests Tho evidence shows -aat
he Is generally. during some part % the
day and for soma short tine each day. a.
the territorial library when Re- Is fl the
city al al. That NJ manages the general
correspondence and direction q TIRE z
5rary. but that The real work % the =
bray and The constant attendance thereon
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