The Birmingham age-herald., 1913-12-19

1
| tions, and the question as to whether or
not they are acting within the scope OF
the authority vested in them is one for
their determination
Attorney General Brlckell advised Mr..
Smith to obey the orders land strike off
or add to such roll as instructed by them
(the boardD," and declared that if per-
sons were stricken who should receive
pensions they could go to the courts for
relief
Smiths Request
Mr., Smiths request was IN the fol-
lowing language:
December 13, 1918.
Hon. Robert C. Briekell, Attorney Gen
eral, Capitol:
Dear Sir-I have just been handed
by the state board of pension exam
ners a list from the counties of Au-
tauga, Baldwin, Barbour and Bibb of
the names to be stricken from the pen
sion roll As they are all similar / will
take the county of Autauga to ask your
ruling on.
This is their report on Autauga
county:
3. The following named pensioners
of Autauga were duly found to be in
eligible to a pension from the laws Of
Alabama by the state board of pension
examiners at it's recent special session
Gnu 10 ne SlTlCkbH from InC
pension roll.
"'You are therefore instructed tc
strike the names of each of said PEN
sioners from said roll
The report which | enclose you Will
contain the names OF said persons to
be stricken from the pension roll
Il wish to know if, in your opin-
ion. after carefully reading the pen
sion laws of Alabama. the state boaI0
of pension examiners have authority to
order said names stricken from the;
rension roll without the same has been
scted on and recommended by the
county board, these names having been
once acted on by both the county ard
state board and the auditor ordered to
place same on the pension roll by the
state board of pension examiners.
/ "Under section &c 1t appears to me
! that this duty devolves upon the county
| board of examiners as it clearly sets
out that they shall revise the list eacn
year and If upon careful investiga tioa
/ 1t should appear to them that the pen
| s1oner whose name stands on the roll
| IS in any way Illegally drawing a pen
| sion 1t should be sent to the state board
| of examiners and they, as my inter
pretation Of the law is, shall instruct
the auditor in this matter.
| I'm your opinion am | as state aud
itor authorized to drop said pensioners
rom the roll by order of the staue
| beard when the county board has not
sCted on or recommended same after
the pensioners have once been put On
| ty order of the county and state
boards?
| can early reply will be very much
! appreciated. Yours truly,
| &C. b. SMITH,
| state Auditor"
! Attorney General Brickelrs reply
was:
Hon. C. B. Smith State Auditor, Cap
itol
Dear Sir: Your letter of the lath inst,
in reference to the instructions received
by you from the state board of exam
| iners of pensions to strike from the pen
sion roll the names of certain pensioners,
and requesting me to advise you whether
the state board of examiners OF pensions
has authority to order said names strick-
en- from said pension roll unless the same
has been acted upon and recommended
by the county board. received.
After having carefully examined the
entire pension law. | am of the opinion
that your duties under the pension law
are purely ministerial. and involve the
exercise of no discretion upon your part
as state auditor. You receive your in
structions from the state board of ex-
aminers of pensions. and no authority Is
conferred upon you as state auditor to
in any manner revise their actions, and
the question as to whether or not they
are acting within the scope of the author
ity vested in them is one for their deter
mnation. and II they have determined
that they have authority to act in any
manner with reference to the pension roll,
either by adding thereto or striking there
from. your duty is simply to draw your
warrants as state auditor upon the state
treasurer in accordance with the roll of
pensioners as the same is prepared or
revised by the state board of examiners
of pensions, and no duty is imposed by
law upon you to revise determine the
validity of their actions in reference to
the roll
II am, therefore, of the opinion, and
so advise you, that you should obey the
orders of the state board of examiners
of pensions, and strike off or add to such
roll as instructed by them, and that is
their action in striking from the roll the
name OF any pensioner Is improper. the
party whose name is so stricken has his
proper remedy through the courts. Yours
very truly, ROBERT C. BRICKELL,
Attorney General"