Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1913-04-25
MAJOR REED WANTS
SALARY OF OFFICE
SUPREME COURT ASKED TO DE-
eide RIGHT OF LECISLA-
TURE TO CUT 1T OFF.

BOISE, April 22.-Major Fred R,
Reed, commissioner of immigration
and labor for Idaho by virtue of
appointment from Governor Haines
and confirmation by the senate,
does not propose 10 surrender the
salary of the office without 4
struggle. Incidentally the question
as to whether the legislature has
the power TO abolish an office Gre
ated by the constitution by refus-
ing 10 provide for the salary is to
be decided by the State supreme
court.
Major Reed has filed a petition
for a writ of mandate commanding
State Auditor Huston TO pay the
petitioner $500 as salary for Feb
ruary and March, at the rate Of
S2400 a year.
Contention OF Plaintiff.
In the petition it is set forth
that section 1913 of the revised
codes, as amended by chapter 1853
laws of 1911, provides the COVER
nor shall appoint a competent per-
son to be commissioner of immigra
ton, labor and statistics, and this
officer shall receive a salary OF
S2400 a year. and such additional
sum for general expenses, includ-
ing his travelling expenses, print
ing, clerical hire and other actual
and necessary expenses of his Of
flee as the legislature shall author
ize and appropriate to be paid as
the salary and expenses Of other
State officers"
1t is further set forth that in
house bill 1873, enacted into law
by the last legislature, it was pro-
vided the executive commissioner
that the Panama-Pacific exposition
shall be paid 800 per month as
salary until the opening of the ex-
position, and $500 a month dur
ing the time the exposition remains
open. It is further provided in
this law that while the duties of
the executive commissioner are
performed by the State commits
siOner of immigration, labor and
statistics. the said salary shall be
paid in addition to his salary as
State commissioner Of immigration
labor and statistics.
Is IL Continuing Appropriation?
1t is argued in the brief that
the appropriation made in section
i4i8 of the law of 1914 is a cOntin-
uing appropriation, and under the
provisions Of that law Major Reed
Is entitled to his salary of 5000 a
month for his services as commits
siOner OF immigration, labor and
statistics.
Major Reed, it is claimed. per
formed the duties of this office
during the months of February
and March of this year and he is
entitled to 500 for his services,
according TO law. On the 18th of
April, it is alleged, he presented to
State Auditor Huston his duly pre-
pared and certified claim for $500
and demanded a warrant be is
sued as provided by law, in pay
ment for his services.
State Auditor Huston refused the
demand, giving as his reason his
belief the last session of the leg
lslature made no appropriation
cut of which the salary might be
properly paid.
The supreme court will be asked
~ issue a writ of mandate to COM
pei the State auditor to honor the
claim of Major Reed and issue a
warrant for his salary.
State Superintendent Involved.
This is looked upon as a test
case of more than ordinary inter-
est There is much more Ringing
upon it than the salary of Major
Fred Reed for this office. 1t is
known it is now contemplated TO
abolish the office of superintend-
ent Of public instruction at the
end of the term of Miss Grace NJ.
Shepherd to make room for the
commissioner of education, by sim
ply cutting off the salary. The
prime wish is to determine whether
The legislature has the power tnl
set aside a provision of the con-
sttution in this indirect way
The case for Major Reed will bel
presented to the court this
morning by Capt. E. G. Davis. sec
rotary to Governor Haines, while
the contention of State Auditor
Huston will be upheld by Attorney
General Peterson.