The Washington times. (Washington [D.C.]) 1901-1902, 1901-08-10
SALARY FOR RODERICK.
The Comptroller Decides Board of
Education Seeretaryship.
After n Long Review of the Case,
Mr.. Trncewe}l Orders the Disburs-
Ing officer to Pay New Appointee-
The TwOmbiy Claim DisaIiowed.


The Comptroller of the Treasury, Rob-
ert j. Tracewell. forwarded to the Com
| missioners of the District of Columbia
yesterday his decision in regard to the
payment of the salary of the Secretary
of the Board of Education for the month
of July 1901. He holds that W. F. Rode
| rick is entitled to receive the salary. thus
setting the dispute which has caused con-
| siderable difficulty liz the Board of Educa-
ton during the past month
Major II. II. Twombly, the former secre-
tary, resigned to take effect July /. and
Walter +. Roderick was elected to sue
coed him. After the action was taken ac
cepting the resignation of Major Twom-
| bly,. a resolution was passed granting
| him a months leave with pay. The lat
| ter action was rescinded informally by
| the passing around of paper among the
members of the Board of Education
| Both men applied to the Disbursing Off
Ger of the District for the July pay of the
position, and the matter was referred to
Mr.. Traces-' il for decision. He has sub
| mitted a lengthy statement relative to
the case, and decides that Mr.. Roderick
is entitled to the salary. The opinion fol-
| lows:
| THE difficulty In which the Auditor
| finds himself grows out of the fact that
| two men are claiming the salary. He
states that the payroll of the Board of
Education for the month of July contains
| the name of W. f. Roderick as secretary
of the board, but that II. II. Twombly
claims to be entitled thereto. AS Congress
has made provision for but one Secretary
| of the Board of Education 1t is clear that
both men could not be secretary of the
| board at the same time and be both entl-
tied to the compensation of the office.
| The Comptroller then quotes from the
| law TACT of June 6, 1900 the clauses which
relate to the appointment of the Board OF
| Education and their duties as such. He
| cites the clause which provides for the
| election of a secretary to the board, and
! that which relates to the powers Of the
board to remove such officer at pleasure.
| Mr.. Tracewell also refers to the act of
March l. 1901. which appropriates 5000
| for the salary of the secretary for the
fiscal year 1902, and continues:
Mr.. II. H. Twombly was Secretary of
the Board of Education June 20, 1901. At
| a meeting of the board held on that date
| the following action was taken. as shown
| by the minutes of the meeting:
The secretary stated TO the board that
he had received a very tempting offer
|
regretted TO sever his connection with the
schools, he felt 1t his duty to do so. He.
| therefore. rendered his resignation as sec
Rotary, but would arrange to remain with
| the board until II was felt that he could
| be spared without creating any embar-
| rassment to the Office and the superin-
| tendent. Mr.. Gordon moved that the res
| ignation be accepted, but that the time
| when it should be accepted should be left
open. Adopted.
." DIR. Kingsman offered the following
resolution which was adopted BY the
board: Resolved. That the Board of Edu-
cation accepts the resignation of Major
| II. II. Twombly. its secretary. and thanks
him most heartily for the services render
ed by him to the public schools OF the Dis
| trict of Columbia.
DIR. Kingsman moved that the board
proceed to the election of a secretary to
succeed Major Twombly. Not agreed
The Comptroller then refers to the min
utes OF the meeting held June - as f,l-
lows: i''at"'-
by action of the board at its last meet
ing, the first business in order was the
presentation of a name for the position
of Secretary of the Beard by the Commit
tee on Ways and Means. made vacant by
eral Boynton. chairman OF the commit
tee. presented a report recommending
Walter +. Roderick. and he was unani-
mousy elected to that position.
General Boynton called the attention
of the BoardSto the fact that the retiring
Secretary had been with the Board nearly
and had not had any vacation. He, there
fore. suggested that leave OF absence be
granted Major Twombly by the Board.
DIR. Kingsman moved that a leave OF
absence for one month, with pay, from
July l be granted to The retiring Secre-
| tary. Adopted.
''Dr. Kingsman moved that the APP
pointment OF the new secretary, w. 4.
Mt / A1nnfpti
Mr.. Roderick, the new secretary, was
| then presented to the board"
The Comptroller states that Mr.. Rod
erick took the oath Of office on July l.
having discharged the duties of the office
since that time and continues:
In response TO my request for copy
OF the commission or appointment OF
| Mr.. Roderick secretary of the board.
you inform me that no written commits
sion or appointment was given him. Since,
however, l know of no law which re-
quires the appointment by the board of
an officer to be evidenced by a separate
| writing where his election is shown. as
| in this case, by the minutes of the board.
the omission is not material.
Il am of the opinion that w. +. Roder-
| lex was duly appointed Secretary OF the
Board of Education. his appointment to
date from July /. and that having ac-
cepted the appointment ana entered upon
his duties he Is entitled To the compen-
sation provided by law for that position.
The claim of Mr.. Twombly for salary
|
| qualification of his successor. based upon
| the action of the Board In granting HIN
leave of absence with pay from July 1,
| is without foundation in law, for the rea-
son that the Board had no right to grant
such leave with pay. That he was not Sec
rotary of the Board when the resolution to
grant leave with pay was adopted seems
beyond question, for aside from the ap-
parently unconditional acceptance Of his
resignation on June 70. which might very
well be taken as the date OF the termina-
| ton OF his appointment, the appointment
OF his successor clearly vacated his Office
and made a formal acceptance of his res
| ignation unnecessary. After Mr.. Roder-
| lex received the appointment of Secretary
to the Board. the salary attached to the
office was his, and 1t was NOT in the power
Of the Board to dispose or IT by re5oiu-
ton or otherwise"
The Comptroller quotes certain rulings
and decisions to prove the justice of this
view and proceeds:
81 am unable TO attach the weight
claimed for 1t 10 the fact that az the
meeting held June % the board in adopt
ing a resolution that the appointment of
Mr.. Roderick date from July l; failed to
say anything about his. pay. When Mr..
Roderick was appointed secretary the sal
airy of the office, belonged to him as an
incident of his Office, and II was beyond
the power of the board to control its dis
position.
While this question has been before
me / have received several communica-
lions bearing thereon. all of which have
been carefully considered. but as none OF
them affects in any degree the material
facts of the case or the law controlling
the same, IL is not necessary to refer to
them in detail. The Disbursing Officer of
the District is authorized to pay w. f.
Roderick his salary for the month OF July,
1891, as Secretary of the Board OF Educa-
ton. T.
from the decision of the Comptroller by
taking legal action to collect his salary