The Alaska daily empire., 1921-09-10
WRIT IS DENIED
 BY JENNINGS IN
 MANDAMUS CASE
Holds Against Mrs. Sheelor on Technical Grounds
 Upholds Legality Claim.
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 including statement of the petition and alternative writ of mandamus. Action was started last June by Mrs. Sheelor Co secure payment of war rants amounting to $305.S5. covering clerical services in tho office of Dr- l.. 0. Sloane, Commissioner of Health, and certain expenditures made by her. Vouchers for this amount were approved by both Dr. Sloane and the then Governor. Thomas Riggs. the latter directing that payment be made from the em- ergency appropriation.
 The duties of the Treasurer ara enumerated as set forth by law as are also those of the Commissioners CT of Health. Referring to the latter. Section 16 of the Territorial Act of 1919 is quoted as follows:
 Section 16 of the act provides that the "office rent. furniture, travelling expenses. clerical assistance and con tingent expenses of the Commission CT of Health. and all necessary ex penses incurred by any health off cer or local board of health in the enforcement of this act shall be paid by the Territorial Treasurer, as oth CT salaries and expenses in the Ter ritory are paid. but all necessary ex- penses incurred in the enforceme ent of the provisions of this act by any health officer or local board of health, small be approved by board composed of the Governor and the Commissioner of Health. under rules and regulations to be promulgated by such board"
 Governor In Right
 As there was no specific appropri the Legislature to cover the provi- sions of this section, and in view of the language of those sections of all appropriation bills since 1913 cover ing the emergency appropriations quoting therefrom for 1921 as fol lows: Emergency Appropriation for expenses necessarily incurred in carrying out provisions of the lava of the Territory and not otherwise provided for, to be expended under the direction of the Governor 15,00O' the Court held that the action of Governor Riggs in ordering payment from the emergency appropriation was entirely proper and a matter solely under his jurisdiction.
 The opinion declares:
 Smith testified that he and the Attorney General were not satisfied that the services. if performed at all, were payable out of the emergen- cy fund, or from the funds of any other appropriation. and that the Attorney General advised him not to pay the same. AS to that. it may be said that one may search the sta tutes from beginning to end and he will not find anything therein which constitutes the treasurer or the At tOrney General. or either of them the judges or judge as to whether Ol not services have been performed which have been vouched for by the approval of the department or off cer under whose direction they were said to have been performed lex cept, of course, in those instances where they are themselves named a; the approving officer.) Such dutie; are not cast upon the treasurer ant the Attorney General. and it would be unrea sonable to require that they or either of them, should ascertain the justness or unjustness of th1 claim of every clerk. stenographer or other employe of the several de partments of activity of this vas, Territory. or should pass upon ths necessity for the purchase of the manifold supplies required in the diff ferent departments. If the Legisla ture had meant them to have any such power over this fund it would have used the words ''to be expended under the direction of the Attorney General" or "of the Treasurer: On tho contrary. it appears that every Legislature since that of the year 1913. so far from intending that the services performed or expenses in cured in carrying out the provisions of the raYs of the Territory not oth erwise provided for should go unpaid has made blanket appropriation to take care of such items. and has committed the expenditure of said appropriation. not to the treasurer not to the Attorney General, but to the highest officer in the Territory the Governor; and by the employing of general language has vested the Governor with the widest discretion: and has not enjoined that the .exeF cise of that discretion should be with the advice and consent of the treasurer and Attorney General The Governor is the judge of the necessity for. and the performance of. work. and of the amount to be