The daily Alaskan., 1921-06-23
Aandamus Proceedings Started Against Treasmcr-Writ IS-
 sued by Court.

SLFuCtlHS uln lO e1lHeT SlSH tue warrants or show cause Of failure therefore. The writ is returnable before Judge Robert w. Jennings in the U. S. District Court at Ketchl- kan next Monday.
 Asked what action he would take in the matten, MT. Smith said today that he had been informed by tele- graph by the attorney general that the latter would attend to the mat ger and that it would not be neces- sary for Mir. Smith to go to KetChi- kan.
 The action against the treasurer H-- .. ..; by II. |. Faulkner, rep resv. ...-. Mrs. Sheelor. The War rants WeEs is$ued in payment to tie latter for Eec services during the months of Aprij and May for cleri- cal work performed in the office of the Territorial HoailE Commissioner.
 Vouchers were aubmIlted by pr. L. 0. Sloane, commissioner of pIb- lie health. to Governor tusgs for these services and approved Dy him and the warrants thereupon issued by Secretary Sommers.
 Complaint is Fled.
 The complaint filed in the case at Ketchikan recently alleges That thereupon the said W. c. Smith, treasurer of the Territory of Alaskd. as aforesaid. refused to sign either of said warrants and still fails, ne- glects and refuses to sign same or either of them" The complaint fur ther declares that the duty of the treasurer in the matter is wholly ministerial and that he has nc power to refuse to sign the sane and is absolutely without discretion in said matter" A writ of man- damus is asked for and was issued by the court and served on Air. Smith today.
 No Appropriation.
 The situation. it is said, arises from the fact that the recent Terri torial LeCisiature made no appro- priatiou for maintaining an office for the Commissioner of Health or for clerical expenses. etc. Governor Riggs approved the accounts for payment out of the emergency fUnd under his control with the idea of reimbursing Mrs. Sheelor for her services and eliminating the office expenses uuttl' such time as funds again became available for it's man. tenance.
 Quotes Attorney General.
 Governor Riggs in holding that he is within the proper exercise of his powers quotes an opinion relative to expenditures from the emergenc, fund. which was given to him by the attorney general on May 12 last. In this it is stated:
 Under this act the appropriation in question can be used only (l( to carry out some provision of the laws of the Territory; (2) where no other appropriation has been made for such purpose. These two requirements are now indispensable and must be concurrent, but when they do concur. the question of the necessity of the expenditure is matter left to the sound discretion of the Governor"
 These two requirements enter into the vouchers in question" said the Governor. adding that he had, upon receipt of the attorney gener- ars letter. advised the CommissIoR- CT of Health not to employ clerical help beyond the end of the month for which it was then employed.
 Smith Sees RuStgartl.
 After a conversation relative to the matter with Governor Riggs. Mir. Smith at the suggestion of the Gov ernor, put the case mp to the at torney general. The latter, up to his departure for Ketchikan. had not given an opinion in writing to the treasurer. MT. Smith said that he has not yet signed the warrants. He was told by the attorney gener- al personally that there was a ques- tion about the account being a prop CT one for payment out of the em- ergenCy fund under the Governors control.
 MT Smith declined to make any extended comments on the situation at this time nor would he say what his final action would be.-Empire.