Arizona republican., 1921-01-01

the various companies, and the amounts shown by MT. Lee as being in the hands of the company com nanders should be considered as not belonging to his report, as the adJu- tant general has nothing whatever to do with them and they were not ull- der his control. The general stan III an endeavor to check the use or these funds issued an order placing them m the hands of the quartermaster ol the regiment who was made dlspurs- ing officer The funds belonged to the regiment and not to the state How ever. since Colonel Harris seems 10 have treated them as state funds we have not hesitated to inquire into ms method of disbursing them.
 On Oct. b. 1919. at the time the court order was made recognizing Colonel Ingalls, as the de Jure adJutant general. Colonel Harris having been de facto adiutant up to that time, this office instructed the banks to hold, subject to our further orders, all amounts which they had on deposit, ] belonging to the National Guard. for which instruction you officially sent your letter Of thanks to this depart ment. We took this action because or ! the fact that the courts had failed to ! pass upon the ownership of the funds | | then being used as a checking account | ! by the office of the adjutant general l There are two of these accounts one l 1 the company allowances, amounting |, ! to $5000, and the other the disbursing | officers account amounting to $65.79. l ! These accounts are still in the bank, 1 ] held pending the decision of the at 1 l torney generals office as to their dis 1 position
 We find that MT. Lees report does not include the period from July. i917 to october. 1919. which makes it difficult to check the two reports in order to arrive at a correct account ing.
 The records of the state auditor. which are the only records this office ! could take into consideration ofti- cially. and the original records of the office of the adjutant general agree.
 In expressing your sentiments that Colonel Harris has not in any manner violated any of the criminal statutes in the handling of these funds we think you are correct. As a large part of the $5000 deposit now in the bank, is his personal money, we have not thought it was necessary to burden the state and courts with litigation since Colonel Harris is willing to have the matter settled by arbitration.
 Only two suits were in the courts involving the title to the office of ad- jutant general. The injunction pro- ceedmgs which were brought against you by the attorneys of MT. Harris. in which our office was not involved, and the quo warranto proceedings against Colonel Ingalls, which by agreement between the attorneys of Colonel Harris and Colonel Ingalls, was brought in the name of the attor
 ney general in order to meet the re- ! quiremeEts of the statutes governing the writ of quo warranto. Both their attorneys approved that course and a prepared the pleadings.
 We had no personal interest sn the controversy whatsoever. as was evil I denced by our action in stipulating that the mandate of the supreme court in the quo warranto proceedings issue k at once. as We declined to make ap- \ plicaion for a rehearing. thereby has \ tening payment of Colonel Ingalls, salary
 An examination of the matter dis \ closes the following:
 Mr. Lees report shows ''unaccount- ed funds" amounting to S7,605.42. In this he has included the insur- k ance fund and accumulated interest. in amount. SI49.96, which was paid into the state treasury and for which the state reasurer's receipt Is on file in the adjutant generals office. This leaves "unaccounted funds H amounting to $6,S55.46 if we accept MT. Lees figures as correct.
 Mir. Lees report does not credit Mir Harris with any of the expenditures
 made while he was acting as the dc
 facto adiutant. According to Mir E Lees figures these amounted to $3,- \ 9SS.25.
 This leaves balance '.unaccounted
 for of $2,S67.21, the amount on de-
 posit in the bank is $5.065.7s. as is
 shown by MT. Lees report and also \ by MT. Harris accounting. If we add \ 10 the above the amount which wa, \ paid out of this fund as salary to Mir \ Harris as disbursing officer, and fol \ traveling expense. $1,622.06, it would
 make total of $4,4S5.27, and leaves n balance in the bank of S576.52, lend. R ing colcr to the claim of Colonel liar
 ris that part of the funds on deposi X are his personally. We find that MI
 Lee has charged the insurance funC
 and accumulated interest to Mir. liar
 ris in three different ways: First, [,
 the company allowance. second, to th Insurance fund, and third to the bal ance "unaccounted for" making a to tal cvercharge of $2,250 Dedoctinj this from the total shown by MT. Lee X figures, or $4,4S927, t would leav $2.-39.27 as a balance in the regimen tai funds and S2,726.52 due to Mir. liar \ ris
 The result of the account rendere N s ent This account shows claimed a - due MT. Harris. s3SG0.43 Leaving - balance in the regimentaI fund of s1 lS5.36. If we add to this balance tn amount paid as salary and expenses { \ the disbursing officer s1,622.06, whic
 were set up in MT. Ryan's brief in tn
 quo warranto proceedings as legitt
 mate expenses, it gives a total due {
 the regimental fund of S2,S07.42.
 The comparison of the corrected re ports then shows:
 Mir. Lees amount due to reg
 iment .-.................... .S2,239.e
 Colonel Harris amount due to
 regiment ..-............-..-. S2, S07.l
 Mr Lees amount due Mr.
 Colonel Harris amount due
 Mir Harris ................$2,25 25S.'
 Among the unrevoked orders i!
 sued by the general staff, and approve
 by the commander-in in chief vol
 predecessor. Governor George w.
 Hunt, is an authorization to the aC
 jutant general to employ attorney
 We recognized this when we withdre
 our opposition to the payment of M
 Ryan's fees in the quo warranto pr'
 ceedings.
 There .s also an dnrevoTzed ord
 from the former commander in chi C.Ovprno,, tT1nt authoriZing tha adil