Evening star., 1901-08-09
PAY OF SECRE AIRY
Maj. Twombly's Claim Rejected BY
Controller TraoeWell.
THE SALARY GOES WITH THE OFFICE
Ruling on Recent Action of Board
of Education.
TEXT OF THE MON

The District Commissioners today re-
ceived q ruling from Mr.. r. J. Tracewsll.
controller Of the treasury, In regard to the
disputed salary question between the pres
ent secretary of the board Of education
and the former secretary, both having put
In claim for the July pay. The facts in
this issue between Major II. H. Twombly.
who resigned secretary July l last, and
Walter +. Rodrick, his successor, are quite
well known to the Washington public.
Controller Tracewell declares that the
present secretary, Mr.. Rodrick, is enti-
tied to the July pay and that Major Twom-
bly, has no grounds whatsoever upon which
to base valid claim.
Controller Tracewell reviews the case at
length. He does not refer in detail. how
ever, to the points raised by Major Twom-
bly, in letter to the auditor Of the Dis
trict, to the effect that Secretary Rodrck
drew months pay on leave or absence
from the government printing office fLr
the month of July. and that If he We're
paid by the board of education he would
be drawing a double salary from the gov
ernment. Major Twombly also raised the
point that the board Of education had no
right to revoke his leave of absence by
sending paper around to be signed by
the members. He held such action could
have been taken only in board session.
Text of the Opinion.
Mr. Tracewel1, in his opinion, says that
the several communications he has received
bearing on the subject do not affect it in
any particular, evidently referring to the
points named Mr.. Tracewell says:
Il have received by reference from you
of the I'd instant letter addressed to you
by the auditor of the District in which he
recommends that q decision be obtained
off q pr0ViSi0pS
tion Of the act of July 81, 1894 (2S stat,
2OS), on question growing out OF the pay
ment Of the salary of the secretary of the
board of education for the month OF July,
1901. You request q decision on the Ques-
tions involved.
1.-The difficulty in which the auditor finds
himself grows out of the fact that two men
are claiming the salary He states that the
pay roll of the board of education for the
month of July contains the name of Mr.. w.
F. Rodrick as secretary of the board, but
that Mr.. H. H. Twombly claims to be en-
titled thereto. AS Congress has made pro-
vision 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 entitled to the COM
pensation of the office.
Quotatfon From the Law.
1.-THE act of June 6, 1900 (31 stat, 564)
provides:
1.-The Commissioners of the District Of
seven persons who shall constitute
board of education and whose terms of
office shall be seven years, except that the
terms of the persons first appointed shall
terminate as follows: The board
shall have complete Jurisdiction over all
administrative matters connected with the
public schools of the District OF Columbia,
except that all expenditures of public funds
for such school purposes, shall be made and
dad lou
der the direction and control of the Com
missioners of the District of Colum-
bia
ono superiutendent secretary
and to remove such officers at its
pleasure. !.
take effect on the first day Of July. 1900.
and all acts and parts Of acts in conflict
herewith are hereby repealed
The same act provides:
the board of education at $500 each.
One superintendent $4,000.
One secretary, 81 800.
1.-The act Of March l. 1901 I'd, s32), ap-
propriates 1000 for the salary Of the sec
retary for the fiscal year ending June 30,
1902 Mr. H. H. Twombly was secretary
OF the board of education on June 20, 1901.
At a meeting Of the board held on that date
by the following extract from the minutes
a'The secretary stated to the board that
he had received a very tempting offer from
a local company, ana as much as ne re-
gretted to sever his connection with the
schools, he felt 1t his duty to do so. He
therefore rendered his resignation as sec
retary but would arrange to remain with
the board until it was felt that he could
be spared without creating any embarrass-
ment to the Office and the superintendent.
Mr.. Gordon moved that the resignation
be accepted, but that the time when it
shall take effect be left open. Adopted
The Board Minutes.
..I quote as follows from the minutes Of
the board-meeting held June 26. 1901:
".Dr. Kingsman offered the following
resolution, which was adopted by the board:
Resolved, That the board of education
accept the resignation of Major H. H.
Twombly the secretary, and thanks him
most heartily for the services rendered by
him to the public schools Of the District Of
Columbia.
proceed to the election of a secretary, to
succeed Major Twombly. Not agreed to-
Meeting held June %, 1901.
".By action OF the board at Its last
meeting, the first business In order was
the presentation of a name for the posi-
ton of secretary Of the board, by the
committee on ways. means and supplies,
made vacant by the resignation Of Mr..
Twombly. General Boynton, chairman OF
the committee. presented report recon-
mending Mr. Walter F. Rodrick. and he
was unanimously elected to that position
General Boynton called the attention
of the board to the fact that the retiring
secretary had been with the board nearly
a year, working great deal overtime, and
had not had any vacation. He. therefore.
suggested that leave of absence be grant,
ed to him by the board.
absence for one month"; with pay, from
July l. be granted the retiring secretary.
Adopted
"'Dr Kingsman moved that the appoint
ment of the new secretary, Mr.. w. F. Rod
rick, date from July 1. Adopted
'Mr Rodrick. the newly elected secre-
tary, was then presented to the members