Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1916-06-11
WILL SEEK MANDAMUs
AGAINST STATE AUDITOR
Examiner Sands to Ask Supreme
. Court for Writ Compelling
Payment of S139.
HELD Ur BY OPINION
Assistant Attorney General Holds
That Claim Is i'm Excess of
Amount Allowed by Law-Wcst
Fee Bill Involved.

William II. Sands. commissioner in
chancery and examiner Of records for
the Tenth Judicial Circuit. has roti-
fed Auditor G. Lee Moore that lie will
petition the Supreme Court of Appeals
at Wythevillc on Tuesday morning to
issue against him writ Of maudamus,
con.peliinE him to order the payment
of S7393S, which Assistant Attorney
General Garnctt has held 10 he in cx-
cess of the amount allowed the exam
liner by law.
Mr.. Sands submitted hiss account to
the Auditor during last month. called
for the payment OF $5.7@s.5I. due by the
assessment of property in the amount
of .S7.StSi5. and MT Moore. acting on
the written opinion OF tho Assistant
Attorney General, wrote an order for
S4sS9.3?. declining To pay the balance
on advice that it was unwarrantcd uu-
der the West fee bill of 1914. which
provides that the examiners comrcn-
sation shall consist OF a salary Of So
600 and expenses not in excess Of those
in the year 1918.
Counsel for tho examiner contends
that the West bill is unconstitutiona
In SO far as II attempts to limit or con-
troll the compensation Of the petitioner.
and impinccs on section 80 of the Con-
stitution by abrogatine the contrac-
tural rights Of the examiner OF rec
ords The assertion is made also that
the law Is void for indchniteness. be-
causc Il fails 10 mention the proper
title OF the petitioner; who. 1t is
claimed. is not simply an examiner
Of records" but n commissioner in
chancery. designated TO perform GER
tain duties, in pursuance of which he
Is known as An examiner of records
SANDS RECEIVES
S"3.ODO IN COMMISSIONS
Mr.. Sands sots up the claim also that
If the Yves, bill Is held to I've consti-
tutioual. then the action az the Auditor
is erroneous, because section 10 of that
act provides that the compensation of
!ncunibents in cities Of 100000. popu-
lation or more shall not he affected
until after the expiration of their
terms of Office. Furthermore, the law
attempts 20 give a commission le-isla-
tive powers
In concluding his opinion, the Assist
ant Attorney General says:
You will observe that in Your final
settlement with the examiner 81 rec
ords II is my opinion that there should
I've made distinction between the COM
pensation allowed for the property as
sessed and reported on prior to June
II, 1916. and for that assessed and re-
ported on subsequent tn that time;
that for taxes assessed and reporeed
on prior To June IL 1915. the settle
ment should be made according TO
chapter $50 Of the Acts nf 1913, that
for taxes assessed ana reported on sub
seQuent 10 that time an additional COM
peusation should he computed accord
ing TO section 6 Of chapter 500, Acts
Of 1915. but that the total compcnsa-
ton for the current year should not
exceed $1,000 and expenses, provided
for in the Acts Of l9lS"
According to the annual report OF
Auditor Moore, Examiner Sands was
paid. ont OF tho state treasury during
the year ending September 80, 1915,
commissions amounting 10 S23.3oo.77.