Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1917-07-31
SNYDER CALLED
ON TO RECOGNIZE
APPOINTMENTS
Writ of Alternative Manda.
mus Is Issued by Dauphin
Court to Auditor General

Auditor General Charles A. Snyder
was to-day called upon by writ OF
alternative mandamus issued by
Judge Charles V. Henry, of Lebanon
county, in the absence of the Dau-
phin county judges, to show cause
why he should not recognize Cover
nor Brumbaugh's reappointment of
Secretary of Agriculture Patton,
Banking Commissioner Lafean, Fish
cries Commissioner Butler and Su-
perintendent of Printing Long after
the Senate had rejected their nomi-
nations to those offices.
Il will accept service when made
properly by a-sheriff and l will make
my answer, never fear" was Mr.. Sny-
der's comment.
The answer is returnable on Mon
day, August 19, and Mr.. Snyder will
be represented by Gabriel II. Meyer,
G. p. Rogers, Jr., and Harry S. Nc
Dewitt. Messrs. Meyer and Rogers
are officers of his department. Mr..
McDevitt is also connected with it us
an expert in charge of studies for
uniform methods of bookkeeping in
state institutions. The fact that these
men will look after the Auditor Gen
erals side is interesting.
Under the act of 1913 the Attorney
General is counsel for all depart
ments. In the proceedings brought
to-day William NJ. Hargest, one OF
the deputies, appeared before the
judge and the proceedings are
brought in the name of the Com
monwealth, Mr.. Butler and the 9TH
ers. Mr.. Snyder is apparently not
going to ask the Attorney General
for counsel as A. w. Powell did
when auditor general and when he
n
pay automobile license money to the
State Highway Department. He is
going to make the fight one in which
the Attorney Generals Department
is appearing for the REALTORS while he
as respondent is having his own off,
GERS as counsel.
State Treasurer H. NJ. Kephart is
mentioned as one of the respondents
but it is understood that his inclu-
sion is more or less formal. He will
not tcke any active part. Under the
law he can pay no money anyway
without a warrant from the Auditor
General.
Papers Identical
The papers filed in the four actions
are identical. They contain eleven
averments, but no reference is made
to the rejection of the officials by the
State Senate. Mr.. Snyder said to-day
that he would bring that in.
The petitions recite the creation of
departments, the establishment of
the offices, the appropriations made
and acts relative to payment by the
Auditor General. 1t is further re-
cited that Mr.. Butler was appointed
on July 8 as an ad interim appoint
ment and that he presented war
rant for salary which the Auditor
General declined to pay.
Mr.. Snyder said that he had no
comment to make. The dog days
are here. So is the suit. 1 will pro-
ceed according to law" was all he
would say.
When an officer of the Attorney
Generals Department asked Mr.. Sny-
der if he intended to waive service he
said that he preferred to have 1t
made by the sheriff in the regular
way.
Immediately after notice was given
on the suit Mr.. Snyder held a con-
sultation with Messrs. Meyer, Rogers
and McDeVitt. Senator Z. Z. Beldle-
man, president pro tenn. of the SEN
ate, also saw him.
Attorney General Brown was not
here. Mr.. Hargest said that the ac-
ton spoke for itself and prepared to
leave for Martha's Vineyard. Thls
is taken to mean that it may be some
time after the answer is filed that a
hearing will be held. The whole pro-
ceeding appeared to be severely tor-
NAL.