Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1913-04-24
CLAIMS REGULAR IMAIGRATIoN
OFFICE SALARY.
EFFECTS STATE SUP'TD1NT
Claims Miss Shepherd Be Made Edu-
cation Commissioner and
Determine Her Salary.


Reed, commissioner of immigration
and labor for Idaho by virtue Of ap-
pointment from Governir Haines and
confirmation by the senate, does not
propose to surrender the salary Of
the office without struggle. Incl
dentally the question as the whether
the Legislature has the power to abol-
ish an office created by the consti-
tuition by refusing to provide for the
salary is to be decided by the state
supreme court.
Major Reed filed q petition for writ
of mandate commanding State Auditor
Huston to pay the petitioner $4O0 -
salary for February and March, at the
rate of $24OO year.
In the petition it is set forth that
section l4l8 of the revised codes, -
amended by chapter 1873, laws Of 1911
provides the governor shall appoint .
competent person to be commissioner
of immigration, labor and statistics,
and this officer shall receive salary
of $24OO a year, ''and such additional
sum for general expenses, including his
travelling expenses, printing, clerical
hire and other actual and necessary ex-
penses of his office as the legislature
shall authorize and appropriate, to be
paid as are the salary and expenses Of
other state Officers
| 1t is further set forth that in house
bill 15s, enacted into law by the last
legislature, it was provided the execu-
tive commissioner for the Panama
Pacific exposition shall be paid 800
per month as salary until the opening
of the exposition and 5000 month dur
ing the time the exposition remain open.
1t is further provided in this law that
while the duties of the executive COM
missioner are performed by the state
commissioner of immigration, labor and
statistics the salary shall be paid in
addition to his salary as state commits
sioner of immigration, labor statistics. I"
1t is argued in the brief that the ap-
preparation made in section 1418 Of the
law of 1911 is a continuing appropria-
tion, and under the provisions of that
law Major Reed is entitled to his
services as commissioner of immigra
tion, labor and statistics.
Major Reed, it is claimed, performed
the duties of his office during the
months of February and March and he
L
cording to law. On the 18th of April,
! it is alleged, he presented to State
Auditor Huston his duly prepared and
certified claim for $4O0 and demanded
a warrant be issued as provided by law,
in payment for his services.
State Auditor Huston refused the de-
mand, giving as his reason his belief
the last session of the legislature made
no appropriation out of which the salary
might be properly paid.
This is looked upon as test case of
more than ordianry interest. There
is much more hinging upon it than the
salary of Major Fred Reed for this
office. 1t is known it is now contem-
plated to abolish the office of super
intendent of public instruction at the
end of the term of Miss Grace NJ. Shep-
herd to make room for the commissio-
ner of education by simply cutting the
salary. The prime wish is to deter
mine whether the legislature has the
power to set aside a provision Of the
J constitution in this indirect way.
The case for Major Reed was pre-
sented to the court by Capt. E. G. Davis,
secretary to Governor Haines, while
State Auditor Huston will be upheld by
Attorney General Peterson.