The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-08-09
AFFAIRS OF THE DISTRICT
Final Decision in the TwOmbIy-
ROd"rick Salary Controversy.
The Comptroller of the Treasury
Says the Present Secretary of the
Board of Education l. Entitled to
the Pny-SiGes for "a StntionhnuSc.

r. J. Tr1cowgI. Comptroller of the
Treasury. today submitted to the Com
Li~Si,usrs his decision upon the question
~ paying The july SALARY Of the Secretary
to the Board of Educatiou. Major H. H.
Twnmhiy. the former secretary. resigned
hi- otiic. To- take effect on July I. and
Walter T. Roderiek was elected TO sue
coed him. After the action was taken ac-
C,rtIaE the resignation of Major Twom-
bly,. resolution was passed granting
him months leave with pay The lat
ter action was r"scindcd informally BY
the passing around Of a paper among the
IN, mbers II the Board of Education.
Both mon applied to the Disbursing Off
Ger Of the District for the July pay of the
position, and the matter was referred TO
NJ. TraceweH for a decision. He has sub
mittcd a lengthy statement relative 10
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
tv" 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. r. Rodcrick as secretary
a. the board, but that H. II. TwombIy
claims 20 be entitled thereto. As Congrass
has made provision for but one Secretary
OF the Board Of Education IL is clear that
both men could not be secretary OF the
board at the same time and be both emit
tied To the compensation Of the Office"
The Comptroller then quotes from the
law (act Of June S. 1900, the clauses which
relate 10 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.. TraCeweH also refers to the act Of
March 1901 which appropriates 5000
for the salary Of the secretary for the
fiscal year 1862, and continues:
Mr.. 4. II TwombIy was Secretary Of
the Board Of Education June %. 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 20 the board that
he had received a very tempting offer
from a local company. and, as much a. s he
regretted to sever his connection with the
schools, he felt il his duty TO do so. He
therefore. rendered his resignation as sec
rotary. but would arrange to remain with
the board until il was felt that he could
be spared without creating any embar-
rassment 10 the office and the superin-
tendent- Mr. Gordon moved that the .-es-
iSnatiOn be accepted. but that the time
when it should be accepted should be left
open Adopted
DR.. 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 TwombIy. its secretary, and thanks
him most heartily for the services render
ed by him 10 the public schools OF the Dis
trict OF Columbia
'Dr Kingsman moved that the board
proceed 20 the election Of a secretary to
succeed Major Twombly. Not agreed
to-"
The Comptroller then refers to the min
utes Of the meeting held June % as fol-
lows:
By action Of the board az its last meet
ing the first business in order was the
presentation Of name for the position
Of Secretary of the Board by the Commit
tee on Ways and Means. made vacant by
the resignation Of Major TwombIy. Cen
eral Bc-nton. chairman Of the commit
tee. presented a report recommending
Waiter F. RDcerick. and he was maui-
mousiy elected TO that position
General EoyutOD called the attention
Of the Board 20 the fact that the retiring
Secretary had been with the Board nearly
year, working a graz deal overtime.
ana had not had any vacation. He. there
fore, suggest,d that leave Of absence be /
granted Major Twombly by the Board.
Dr klngsman moved that a leave "a
absence for one month. with pay, from
July De granted 70 the retiring Score
tary- Adopted.
pointmeut II the new secreary. w. F.. /
Roderic.-. late from July l. Adopted
Mr.. R0derick. the new secretary. was I
then presented 10 the board"
The Comptroller states that Mr.. Rod
erick took the oath Of office on July I. I
having discharged the duties Of the office
since that time. and continues
In response TO my request for a COPY
OF the commission OF appointment Of I
Mr. Roderick as secretary Of the board 4
you inform ma that no written commits /
sion or appointment was given him Since.
however. 1 know Of no law which re- /
QUires the appointment by the board or \
an officer. 10 be evidenced by a separate /
writing, where his election is shown. s /
in this case, by the minutes OF the board, /
the omission is not material
Il am of the opinion that W F. Roder- /
lex was duly appointed Secretary Of the !
Board of Education, his appointment to 1
date from July /. and that having &c /
cepted the appointment ana entered up0n 4
his duties. he is entitled 10 the compen- |
sation provided by law for that position 4
The claim Of Mr.. TwOmbly for salary
for any period after the appointment ana /
qualification OF his successor. based upou 4
the action Of the Board In granting him
leave Of absence with pay from July ]. I
is without foundation in law for the rca- I
son that the Board had no right 10 grant /
such leave with pay. That ne was not Sec
rotary Of the Board when the resolution to l
grant leave with pay was adopted seems
beyond question. for aside from IA, au-
Uarenty unconditional acceptance Of his
resignation on Juurs 20. which might very
well be taken as the date of the t-rmina-
ton Of his appointment the appointment /
Of his successor clearly vacated his office .
and made a formal acceptance Of his res
iSuatlUn unnecessary. After Mr.. Eoder-
lex received the appointments OF Secretary
TO the Board. the salary attached to the
office was his, and 1t was uoJ ia the power
of the Board 10 dispose or Il by resyIl-
tiOu OF otherwise"
The Comptroller quotes certain rulings F.
and decisions 90 prove the justice Of this .
view, and proceeds.
Il am unable 10 attach the weight
claimed for II 90 the fact Thar "a In.
lnS resolution that the appointment Of /
Mr. Roaerick date from July J. failed To
say anything about his pay. When Mr.
RodcTlck was appointed secretary the sal
incident of his office and Il was bayor5
the power of the board te control its dis