Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1914-05-29
BOARD OF EXAMINERS
TURNS DOWN SALARY
SUPERINTENDENT KENDALL

Az a meeting OF the State Board
of Examiners, held this morning. at
which Governor Oddie, Secretary of
State Brodigan and Attorney Gen
eral Thatcher were present, the
matter of payment of salary war
rant to Zeb Kendall, superintendent
of exhibits for the Nevada Exposi-
tion commission, came up. To
bring the question to an issue the
following resolution was presented,
but was defeated. Governor Oddie
and Mr.. Brodigan voting against
it:
On motion of the attorney gen.
eral it was moved that the bill of
Zeh Kendall for salary for the
month Of April for the sum Of $500.
as superintendent of the Panama.
Pacific international exposition. be
approved by the Board of Exami-
ners in order that the same may be
presented tn the controller and a
test thereby made as to the validity
of said bill in the Supreme court,
the controller, having expressed
his willingness to refuse to paw
said claim or draw his warrant
therefor in order that it might be
tested in the Supreme court.
Roll call requested, with the fol-
lowing result as to vote: George
B. Thatcher, aye; George Brodigan.
no; Tasker L, Oddic, no.
Relative to the resolution, by
which it was thought an early
solution of the complex situation
could be obtained, Attorney Gen.
eral Thatcher was interviewed bv a
representative of the Appeal ind
made the following statement:
my object in presenting the
resolution to the Board of Exami-
ners and asking for the signing of
the Zeb Kendall bill was in order
that the validity of the appointment
of Zeb Kendall might be speedily
adjudicated. Mr.. Egg ars had stat
ed 20 me that for the purpose of
obtaining a determination of the
matter he would reject the bill and
mandamus proceedings would be
commenced in the Supreme court
and q speedy determination could
bo had.
"a determination of this matter
is absolutely necessary in my opin,
ion. 1t affects not only Mr.. Kend.
all, but, if carried out to n strict
construction, affects Mr.. Mills, Elk.
position commissioner and affects q
great many other bills, for which
in the past warrants have been is.
sued by the controller and paid By
the treasurer. believe ] am alb.
s%olutely correct in my contention
that the superintendent is not an
Office within the meaning Of the
provision in the constitution. The
Supreme court Of this state has
actively, not passively, approved OF
practically the same position in the
matter of the Code commission
Both Of my predecessors in Office,
Mr.. Baker and Mr.. Stoddard, gave
official opinions that the Code com.
missions was not an Office within
the provisions Of the constitution
and that was approved by the Su.
prerne court Of this state when they
drew the money as Code commits.
sioners.
"a number Of other instances
could be cited where members of
the legislature have accepted en-.
.#...#.
ployment from the state and drew
money under the employment
though the appropriation Of these
was made by the legislature Of
which they we're members and it
was for the purpose Of settling this
question once and for all as speed.
lily and expeditiously that l desired
that the BOARD Of Examiners APP
prove the bill in order that direct
proceedings may be taken IN the
Supreme court.
"As tho matter now stands the
whole work of the Fair commission