New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-31
0'RYAN TO DRAW SALARY
Attorney General Rules He Is
Entitled to Two Months Pay.
AT GOVERNORS DISCRETION
Adjutant General Will Be Heard
To-day to Answer Charges
Filed by Gen. Verbeck.
~ TeI-eraph 10 Tnc TrIoune !

I
/ Albany. Jan 30-Major General Organ
will get two months pay a the rate Of
$3.50 year. following an opinion rem
dered to-day by Attorney General car
/ mody at the request Of Controller Sohmer.
I While Governor Dix was In Europe last
! spring Lieutenant Governor Conway. as
! acting Governor signed AN order giving
J him a salary of $500 year and assign
/ ing him TO the duty Of organizing the
division staff and providing for field ma
| nruvres.
/ AdJutant General Verbeck a first signed
| the vouchers. making 1t possible for
/ Organ TO get his salary. but when Gov
ernor Dix returned from Europe he APP
parently changed his mind. declaring the
! giving Of a salary TO the major general
was Illegal. Governor Dix then counter
/ manded the Conway orders and held up
/ the money Cor the two months duty
| Organ actually performed and put in
vouchers for
| To-day is the first time that the Attor-
ney General has given an opinion as 20
whether the major general was entitled
| to salary. Adjutant General Nerbcck
!
! signed the Organ voucher, but Mr. Car
mody refused then on the ground that the
adjutant general had already acted. Mr..
| Carmody holds that the Governor, as
/ commander-in- chief Of the national guard,
may assign the major general TO duty tor
which he may receive "A salary. lie can
continue 10 draw the salary as long az the
work lasts, and, If the Governor sees ht,
the latter may make the work pcrma-
nent.
This puts it up 10 III. Governor TO decide
whether General organ can get pcrma-
rent salary or not. Under this construc-
ton of the law tho Attorney General
holds that O'Ryan is entitled 10 pay for
the two months work he did lart summer
SITTER being put on q salary.
Ex-Adiutant General verbeck. in de-
claring salary for the major general
illegal. quoted this section OF the mill
tery law:
The ma or general shall serve without
a salary and shall receive pay only when
on duty and under the same conditions ~
permitted by this chapter "a other officers
OF the line.
Mr. Carmody quotes the same section
% the Law IN deciding that the Major
General may receive a permanent salary
if the Governor assigns him 10 per-
manent duty.
General O'Ryan will 20 on the witness
stand before the Governors department
Investigators tomorrow to answer Gen
eral Nerbecks charges that he is UNIT
TO be In command Of the National Guard
because he drew money from the state
for official duties while IN command OF
the LIST Battery, field artillery. and drew
money from the mess fund Of his organ
ization for the same expenses II IL
not the contention Of General Verbeck
that this constitutes crime but that
the acceptance Of this double payment
indicates unfitness for command Of the
guardsmen---in effect constitutes con-
duct unbecoming an officer and a gentle
man.
General Vorbeck VIII also be here to-
morrow. In the present state Of charges
and counter charges between him and
organ, and the action OF the Sul2er in
vestigators in issuing an accusing state
ment against him while his charges
against Organ were pending. he thinks
il we'll to be on the ground. General
Verbeck hopes that the trunk contain
ing evidence to support his charges will
be opened tomorrow. This trunk. he
has announced, was sent by order OF the
Governor TO Colonel Thurston, one Of
General Organs subordinates, and the
former Adtutant General has taken the
precaution 10 make public copies OF part
Of the evidence. on the ground that he
was not certain It would reach tho in
vestigators Just as II was when he last
saw it,
Attorney General Csrmody received to-
day q check for f45. e35 So from the First
National Bank Of Albany. This repro
cents the sum plus interest. which Cen
eral Verbcck paid from the contingent
fund Of the adtutant generals ONCE for a
local site for the proposed state arsenal.
Governor Sulzers committee Of inquiry
held that the former adjutant general
had no authority 70 purchase the property
In this manner.