The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-06-07
ROBERTS
RENDERS
OPINION
He Authorizes Payment of
Barnes Committees
BAXTER NOT OUT OF 1T
Is to be Seen Who Pays Jenk-
inS Committee

Guthrie. o. T, June e-As forecasted in
the Eagle, Attorney General j. c. Rob-
berts has given an opinion in the South
western Normal school case. holding that
the members OF the commission appoint
ed by Governor C. NJ Barnes to select
site for the Normal are entitled 10 the
COMPENSATION attached to the services
The attorney general also holds that war
rants should be issued upon the vouch-
ers presented TO the auditor by members
of the Barnes commission.
The request for the opinion was made
by Auditor L. w. Baxter. Attorney Gen
eral Roberts letter to Mr.. Baxter is as
follows:
Guthrie, o. T., June 1. 1905.
Hon L. W. Baxter, Territorial Auditor.
Guthrie. o. T.
Dear Sir: I have your request for an
opinion whether you shall issue warrants
upon the vouchers presented to you for
services rendered by members OF the
board or committee appointed by Cover
nor c. NJ. Barnes for the location OF the
Southwestern Normal School. The SUI
prene court of the territory. in the case
of the Board of Education of the territory
of Oklahoma, ct al. VS.. the Territory OF
Oklahoma, ex rel, decided that these
gentlemen whose vouchers have been pre-
scented to you. were the legally appointed
members Of the Southwestern Normal To-
eating committee. 1t is known TO you
that they acted in the capacity of mem
bers OF this committee and that they full
filed the functions of their Office. 1t is
the opinion of this office that they having
been legally appointed and having per-
formed the functions. they are entitled as
a necessary incident to this compensation
attached to the services. 1t is therefore
the opinion of this Office that warrants
should issue upon the vouchers enclosed
By you. Respectfully,
J. C. ROBERTS.
Attorney General.
1t will be remembered that there were
two commissions to select site for the
Southwestern Normal school; one COM
mission having been selected a short time
before Governor Barnes retired from Of
fee. After VIM. NJ. jenkins was made
governor he appointed a commission 10
locate the Normal school; but when the
appointments were made the designations
or the old commission were not In his
possession The Barnes commission re-
fused TO recognize the appointments made
by Governor Jenkins and proceeded 10
select a site for the Normal determining
upon weatherford. after trip over the
southwestern part of the territory had
been made The jenkins committee Sc
lected Granite as the place where the
Normal should be located. Upon the re-
bers secured payment for services and ex-
penses. Auditor Baxter had secured an
opinion from Attorney General j. c.
Strang in which ii was held that the Jen-
kins commission was the legal commits
sion. 1t was also the desire OF Governor
Jenkins that the men appointed by him
be paid. and accordingly warrants were
issued upon the vouchers presented to
Auditor Baxter. When the members of
the Barnes commission presented their
vouchers no warrants were issued and the
vouchers are still in the hands Of Auditor
baxter.
The Normal school matter went into the
courts and after litigation lasting for
many months it was determined by the
supreme court that WeatherfOrd was en-
titled to the school and the Barnes COM
mission recognized as the legal commits
sion. Granite gave up the fight, and plans
for the erection Of the Normal at Wealth
erford were made The building is now
in course of construction and will be COM
pleted some time this fall
The members of the Jenkins locating |
commission secured warrants amounting /
to over 500 for services and expenses |
and expenses, according to vouchers pre- |
scented. is due the Barnes commission II
Auditor Baxter acts upon the attorney |
general opinion. the warrants viii be Is
sued upon the vouchers. Then the ques-
ton comes up OF placing In the territorial 4
treasury the amount OF money paid out |
BIZ the jenkins commission. Some men, /
bers OF this commission have offered TO |
return the amount OF money paid out bp /
the auditor and may do so upon the opin- /
ion now in possession Of Auditor Baxter. /
Auditor Baxter when approached about /
the matter SAID: This Office always I
wanted 70 do the right thing IN this /
matter. and il Is proha bic that the mem
bers Of the Barnes commission VIII re-
ceive their warrants. Members OF the /
Jenkins commission have suggested that
they viii return the amounts paid them 4
for. services rendered IN case that this Of /
fee is made liable. ! do not know what
the outcome OF the case viii be Possibly 1
II viii have 20 oe carried into the courts. 4
but se are willing to do the right thing"
II Is the opinion # some persons that I
Auditor Baxter Is personally liable for the
money Paid 20 the members OF the Jsn-
ts~s com n lesion hfl- whether This IL the I
Gaze or not remains 70 Be seen
RESURRECTION OF cHIcKEHs-