Omaha daily bee., 1911-10-22
Nebraska
URGE STATE OWES SALARIES
L. H. Tate of Omaha and H. F. BOWL.
ing of Grand Island Seek Cash.
UNDER BANK GUARANTY ACT
Allegation Made Payment Must he
Forthcoming Under appointment
While Law was Held Up in
District Court.
CFrom a staff Correspondent.

Nf rom u CldIL correspondent
LINCOLN, Neb., oct. 2.-(Special)-|
Arguments in favor of allowing salaries
to l.. II. Tate of Omaha and H. f. Dowl-
ing of Grand Island for the time when
the bank guaranty law was held IN in
the courts during which time the men
we're appointed TO serve as bank ex-
amiEers were heard by state Auditor
Barton and the matter taken under adj
vehement.
In case the auditor decides against the
claimants they still have the right 20
appeal their cases to the district court
The Omaha man has flied a bill with the
state for S2S97, while Mr.. Bowling asks
for $500. The latter alleges that he
held his office for two full years until
July 2, 1911, while Mr.. Tate says he re-
signed his non-paying place when he
had learned that the supreme court had
upheld the law under which he was APP
pointed.
Neither of the men deny that they have
armed money in other pursuits since
they were appointed to the $500 year
jobs under the guaranty law while
the attorneys for the two men aver
that it matters little il state officials
are away from their posts half the
time, or that they perform their duties
a portion of the time or that they at
tend to business but little or that t:ey
earn money ION the side"
The nero fact that the appropriation
was provided, for they say, and that the
men were appointed FOR the place, is
sufficient to make the state liable for
the salary Of the men they maintain
Appropriation in Force.
The attorneys further argued that the
two bank examiners who never examined
any banks cannot be shut out because
the appropriation to pay them lapsed
August 30, 1911, and their claims were
not presented to the state until Septem-
Der 80, 1911. The attorneys allege that the
constitution of Nebraska makes a dis
tlnction between appropriations for ex-
penses of the state government and sal
aries Of Officers of the government
They contend that the constitution does
not set any time limit on the time of
drawing of salaries from the treasury.
They admit that the constitution requires
that the obligation incurred by the state
must be incurred during the blennium,
or within three months after the legis-
lature adjourns, or appropriations lapse.
held, allege the attorneys.
Attorney General Grant Martin was
present to hear what the lawyers had
TO say. IIo win act as the advisor of
the state auditor He intimated that as
the work Of bank examiners was done
under the old law while the new law was
being held up and was done by five ex-
amlners instead, of by seven appotn ted
BY Governor Shallenberger it was posi-
BILE that no Indebtedness had been in
CURED by the state and that the re-
mainder of the salary appropriation not
drawn by the five examiners need not
be paid TO the two examiners who were
prevented from working.
Claim of Pref. Gain.
state Auditor Barton is holding up a
claim presented by Prof. Gain of the
department of pathology at the state
farm and in which that official desires
pay for serving as a member of the
newly created board of registration for
stations at $50 day. Auditor Barton
contends that the state shouldn OF pay
for duty at the state farm and as a mem
Der of tho state board at the same time
The supreme court In a decision rem
dered some time ago gives 1t as their
opinion that such claims can be paid.
Hearings by Randall.
State Fire Warden Randall has an
nounced that he will hold hearings at
Schuyler, North Bend and Milford Oc-
tober 2S, a. Fremont October 10, and at
Madison October 81. On these dates per-
sons who have been notified to remove
unsafe buildings will have an opportun-
ity to be heard.
DeizcII BaciN from Topeka.
State Superintendent Delzell has re-
turned from Topeka where he attended
a meeting of state superintendent. At
this meeting the state superintendents
present adopted the Salt Lake commit
tees recommendations in regard to GER
LITIGATION of teachers and reciprocal re-
Iations betWeen states