The Washington times., 1901-08-03

The question of paving the Secretary
of the Board of Education for the month
of July has not yet been settled. The
Auditor Of the District, J. T. Petty, has
submitted to the Commissioners a state
ment relative TO the matter. which was
sent. with letter from Major II. II.
Twombley, to the Comptroller OF The
Treasury yesterday. In this statement
p Auditor Petty says:
"A question has arisen respecting the
payment of the salary Of the Secre-
tary of the Board Of Education for the
month of July, 1891. In connection with
which / invite your attention to certain
facts of record: H II. Twcmbley, Secre-
tary to the Board of Education. rendered
his resignation at a meeting OF the board
held June 20 1901 1t was accepted with
the proviso, that the time when it should
take effect be LETT open. At the next
meeting, June 2s, DR.. kingsman offered
the following resolution, which was
adopted by the board:
Resolved, That the Board of Educa-
tion accepts the resignation of Major II.
H. Twomblsy, its secretary, and, thanks
him heartily for the services rendered
by him to the public schools of the Dis
trict of Columbia
DR. Kinssman then moved that the
board proceed to the election of a secre-
tary to succeed Major Twombley, which
was not agreed to. The board met again
June 80 1901. and adopted a resolution to
the effect that a leave of absence for
one month. with pay from July l, be
granted the retiring secretary. At this
meeting motion was also adopted pro-
yiding that the appointment of the new
secretary, W. f. Rodrick, date from
July l.
July 5. 1901. the disbursing officer re-
ceived letter from W. f. Rodrick, Sec
retary, in these words: I am directed TO
notify you that the months leave of alb
sence granted Major II. II. Twombley by
the Board of Education. at a meeting
held June %. has been revoked by action
of the board July .
THE payrolls for the month of July
have been received bearing the name of
W. F. Rodrick as secretary, and H. II.
Twombley has made a demand for salary
for the same month, accompanying his
demand with a letter giving the proceed
ings of the board and stating the grounds
upon which his claim is based.
"As the disbursing officer is in doubt
as to which of the claimants is entitled
to the salary for July, 1 have the honor
TO recommend tina: the question be sub
mitted TO the Comptroller of the Treas
ury for settlement
Major Twombley in his letter to the
Auditor besides giving copies from the
records of the Board of Education setting
forth the facts above stated, submitted
the following statement relative to the
matter:
Can a formal action Of a legislative
body be revoked or amended without no.
tice of reconsideration by an Informal ac-
ton which cannot become operative or
binding until confirmed or approved by
said body at regular meeting spe-
cial meeting held for that purpose?
when the law or custom granting
leaves of absence to the employees of the
Government Printing Office provides that,
in order to obtain the benefit of such
leave, the employees must apply for and
actually take such leave of absence. and
cannot continue in the service during the
time for which such leave is granted, and
thus receive double pay, would the trans
fer of such employees to another branch
of the Government service aRnul or
change such law or custom?
The above constitutes the formal state-
ment of the case for the action of the
Comptroller.
/. S. Nicolai. of 81 X Street southwest
has addressed the Commissioners with
reference to the filling of naphtha lamps
by the lamplighters while the lamp is
burning. He takes the ground that such
action is not only dangerous TO the life
of the lamplighter and any pedestrian
who may by chance be passing at the
time, but that 1t will inevitably lead to
the destruction of the lamps which are
District property. Mr.. Nicclai is of the
opinion that some regulation ought to be
adopted with reference to the matter
The complaint was referred to the Elec-
trio Department and Walter g Allen the
Electrical Engineer has reported enclos-
ing report upon the matter by Inspector
Thomas J. Fisher jr. Mr.. Allen states
that the District is fully protected in the
premises from the destruction of its prop
erty by the agreement of the contractors
to furnish all the new lanterns necessary
to replace those of the District. which
new lanterns become the property of the
District at the expiration of the contract.
The District is further protected from
loss, Mr. Allen thinks. by the terms of
section l9 of the specifications by which
the contractor agrees to indemnify and
hold harmless the District against all
damages and costs to which the District
may be put by reason of injury to the
person or property OF another resulting
from negligence or carelessncss in the
performance Of the work of lighting the
streets.
Furthermore Mr.. Allen states that the
man in charge Of the naphtha lighting
has issued instructions to his lamplight-
ers and has particularly cautioned them
against filling the lamps while the burners
are lighted MIR. Allen thinks that no po-
lice regulation Is necessary to cover this
matter He recommends that Mr.. Nicolai
DC so informed.
Mr.. Nicoiai raised another question in
his letter relative to the extinguishing of
the lamps ahead OF schedule time TO
this Mr.. Allen replies that careful attcn-
tion will be given TO that matter.
1t appears that the members of the
Board Of Police and Fire Surgeons are
derelict in their duty to policemen as well
as to firemen. A report has been for
Tarded to Headquarters from Lieut.. John
c. Daley. Of the Ninth police precinct. in
which DR.. L. p. Vale is alleged TO have
failed in his duty surgeon TO the de-
Private Pat T. Markwood. cf his com
mand. was taken sick on .-.-iy %. of heat
prostration. he case is d. scribed as be-
ing urgent. The report states that at s:3G
o'clock in the evening Of July % DR. Vale
was notified and asked to attend Mark
wood. The report further states that Dr.
Vale did not attend the patient until
o'clock in the afternoon OF July "a.
in The meantime, according to the re-
port, members Of Markwoods family
came to the station twice and reported
each time the desk sergeant informed DR.
Vale by telephone and requested him TO
call upon the patient.
The matter was referred to the Com
nissioners Yesterday by Aia iOr Sylvester
and il is understood that there will be an
Investigation of the conduct of the police
surgeon.