Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-03-03
RAPS THE AUDITOR
Senator GaIIinger Finds Fault
With District Official.
DECISIONS ON SCHOOL LAW
District Committee Chairman De-
clares They Are Narrow.
HARDSHIP ON THE TEACHERS
Commissioners Defend the Action
of Their bordinate-Senator
Reiterates His Charge.
HARDSHIP ON THE TEACHERS

Senator Gallinger. chairman of the Sem
ate District committee, has made a pro-
test to the District Commissioners against
the narrow construction Of the organic
school law. He thinks more liberal in
depreciation Of the enactment-should be
adopted by the District auditor and points
out that three times narrow construc-
tions by the auditor have been overruled
by the courts.
While the Commissioners were before
the subcommittee on District appropria-
tions of the Senate District committee re-
Gently, according to the. hearings which
were published yesterday, request was
made for additional help in the auditor
office.
1T seems to me- Senator Galiinger re-
marked, that your auditor is making ad-
ditional work because of his decisions
which are sending school teachers to the
courts
1T is not the District auditors fault
that this happens. Commissioner Ru-
dolph remarked
Il regret that the auditor makes deci-
sions that compel the teachers to go to
court. where he is always beaten
Commissioner Judson Dissents.
1T not only beats our auditor, but beats
the auditor for the State Department and
the controller" Commissioner Judson re-
sponded. Our auditor would not act in
a matter like that unless he is convinced
by the interviews with the controller that
there are serious doubts of the allowance
of the payments made in the account of
the District officials
Il think he takes the initiative" re-
marked Senator Gallinger. 1T would
never reach the controller il your au-
ditor did not raise the issue. He un-
dertakes to construe the school law
In the most narrow way.
He keeps in touch with the con-
troller in the matter" Maj. Judson con-
tended. Il think, perhaps. the control
Ter is of the same opinion in constru-
ing the law
I'm these matters, particularly in the
construction of the school law, is the
corporation counsel consulted?' Sen
atOr Gallinger asked
Not on auditOrial questions"
why not:" demanded Senator Gal
linger.
Not Necessary to Consult Attorney.
Because it is question between
the auditor and the controller and the
decision of the corporation counsel
officials who have authority to dis
allow payments made Commissioner
Rudolph explained whenever the
auditor and the controller agree on Il
position, of course, there is not any
controversy possible, but where there
is doubt-where the controller will
not say that he will pass II certain
payment-then the auditor is in self
nrntactinn cnmnelln6 tn take further
steps and get an official decision in
advance"
II quite agree with that" Senator
Gallinger remarked. MY criticism was,
and l want it to stand for the pres
ent until l get more light, that the
auditor raises the issue on the most
narrow and technical grounds"
'Of course that is really the business
he is there for Maj. Judson put in.
1T seems to me he ought to consult
the corporation counsel Senator Gal
linger remarked.
But the auditors for the other depart
ments of the government consult no at
tOrneys.' Maj. Judson remarked. cit is
their business to make determination
Speaks for the Teachers.
What want to emphasize is that the
school teachers Of this District have had
to 80 to court three times to get their
TlSuIS, OGHdlOI 1dlIiIlSeF continued
.They have beaten the auditor and the
controller, but at the expense of time
and money right along, and they are
contributing out of their salaries to pay
lawyers to fight their cases in the court
1t seems to me the auditor and con-
troller should do what we are trying to
have officials dc who are interpreting
some other laws. You will observe, for
INSTANCE. that in the public utilities bill
fI1D
construe the laws literally. My idea
is that the auditor and the controller
are constituting the law narrowly and
technically. l think he had better let
up little
1T is not because he desires to do il,
am sure, but it is his business to do
it," Commissioner Rudolph remarked
Perhaps SO, but the courts overrule
him regularly" was Senator Gallingers
parting shot.