The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-09-03
STATE BANKING BOARD
ADOPTS RESOLUTION
Chairman Suggests MandamuS
Proceeding 10 Settle Dis
puted Point

Attorney Frank Mcclure. represent
ing Lieutenant Governor George Bet
lamy, this afternoon filed in the SUI
perior court a petition for a writ OF
mandamus 10 compei Governor Has
kell and the other members of the
banking board to pay him the $3.50
due for salary as president of the
banking board for the months of July
and August. Judge Sandlin of the
superior court, is out of town and Is
not expected to return for a week
The petition for the writ of manda
mus recites that the banking board
has authority under the banking Law
10 adopt all regulations necessary in
the performance Of its duty, that Il
fixed his salary at S175 a month, that
1t is necessary for him to attend man,
board meetings at a considerable eX
pense, and that the refusal to pay the
salary for the two months damages
him.
The suit is instituted in compliance
with the understanding of the board
at its meeting yesterday for the pue
pose of determining the legal rignt
of the board to pay the lieutenant gov
ernor salary and is friendly nature.
Declaring that If by any technical
construction of the law OF Oklahoma
he was not entitled to the s2100
annual salary from the state bank.
ing board, he did not want TO receiv,
it, Lieutenant Governor Geor. Bel
lamy upon his return from Colorado
called a meeting of the state banking
board and presented letter in which
be defended his right to receive the
money, but suggested that the con
troyersy be settled in the courts.
Acquiescing In Bellamy's plan to
determine in the courts whether he
could receive salary rrom the
banking board in addition to his sal
AIRY as governor, the banking board
passed a resolution refusing payment
Of the salary for July and August
with the understanding that Bellamy
would bring a mandamus action 10
force payment, thus placing the issues
squareg before the courts. The res
olution passed by the board follows:
The Boards Resolution.
Whereas, This board has hereto
fore. by resolution, fixed a salary for
the chairman of this board to be paid
monthly. which was to include not
only his time taken in the service Of
this board. but his expenses, railroad
fare. hotel bills, and other expenses
IL, 90, 80 10
board, and
Whereas, Ii was then and still is
the belief of this board that its ae-
ton in fixing said compensation was
proper and within the provisions 81
the law, said law providing for the
payment of all proper expenses OF
administering the banking law cut OF
the fees collected by the banking de-
partment, and realizing that the great
success that has been attained In
administering this law. and that said
fees so collected have been largely
i'm excess of the expenses of this
board, and that no officer should be
expected to serve without reasonable
compensation, and the reimbursing OF
his actual expenses; but
Whereas, The question Is raised as
to the payment of such expenses and
compensation being within the strict
technical letter Of the law of this
state, and the chairman OF this board
having by his letter today addressed
to the board suggested his desire 10
have a judicial construction Of the
law thereon, therefore, be II
Resolved, That We do not revoke
said resolution fixing said salary, but
do request the chairman of this board
to bring such action in mandamus OF
otherwise, as may be necessary, Il
determine the technical status of the
laws of the state on this question
and that for the purpose of qualify
ing the chairman to bring such ac
ton that the payment of his salary
be refused, and await the judicial
case : Jl'l1l n (97t