The Birmingham age-herald., 1923-09-10
SAYS SALARY WAS FIXED UNDER LAW AS |NTE RP RETE J.
Superintendent's Statement Follows Effort To Hold Up
 Salary Warrants
STATE CAPITAL BUREAU l
 THE AGE-HERALD ! Montgomery, Ala, Sent. Q

THE AGE-HERALD
 Montgomery. Ala. Sept. Q
 Dr. John W. Abercrombie, state superintendent of education, made public today statement in which he said the charge that he had used funds of the educational department for personal and political advance ment was wholly false" and that the salary which he is receiving as execu- tive officer of the state board of edu- cation before he became state super intendent of education, under and by authority of the law as inter- preted by the attorney general"
 Dr. Abercrompie' statement re- suited from the filing of bill in the Montgomery circuit court by George T. McEldery of Talladega seeking to restrain W. B. Allgood, state audi tor, from issuing further warrants 10 pr. Abercrombie as executive off cer of the board of education.
 The complaint was filed Friday and the charge was made that Dr. ADercrombie was receiving the salary without authority of law and that heavy expense accounts have been incurred by him in the furtherance of his personal and political advance. ment.
 O o O
 Desires Prompt Investigation.
 The statement of Dr. Abercrombie said he would await with interest the adjudication of the matter and that he desired the promptest and fullest investigation by any and all agencies empowered to deal with the subject
 Dr. Abercrombies statement fol- lows:
 T know nothing of the matter ex- cept what l have seen in the press. however, 1 may say that my com pensation as executive officer of the state board of education is fixed by that board. It was fixed before assumed the office and while 1 was still in Washington, a compensation for similar service having been paid my predecessor under and by author ity of the law as interpreted by the attorney general. This action was taken by the board in consideration of the numerous and exacting new duties imposed upon the Superlnten- dent through the reorganization ana enlarge ement of the state department of education and through the as sumption by the board of many lm- portant functions that had been per formed previously by IT independent boards. Since the legality of this eN- penditure appears to have been ques- tioned in a suit brought against the state auditor, I await with interest the adjudication of the matter. Expense Fund is Provided.
 As is generally known, the de- partment of education, in common with other departments Of the state government, Is provided by the legis- lature with fund to meet official travelling expenses and other eA nenses incident to the administrators ot the department. It is unnecessary I hope, for meato say that any alle- gation or Antimauon charslhs nne with the use of this or any other fund for other than strictly oftlclai and legally authorized purposes IS wholly false. My long pubic serVlce and the reputation which 1 pelleNe l Lave established for personal anu official integrity should re1ute any such charge. However, since my pet sonal character and official conduct seem to have been attacked, l court tha promptest and fullest investlga- tion by any and all agencies eh- DO wered to deal with the subject
 The salary as executive officer of inc. hoard was paid the predecessor of pr. Abercrombie and IS peihs paid Dr. Abercrombie under the TOT lowing opinion of Harwell G' DaNIS' then assistant attorney .Ss tSt, which appears on page 4Sl or the hiennial report of the attorney gen eral for the period between october l 1918. and Sptember 30, l9zV, ana which was given the state audltor March Il. 1920.
 Attorney Generals Opinion.
 You request this office to adVise vou whether the state board Of ed yca tion could vaifdly appropriate S1 ROO annually from the revolving fund allowed that board, to compens-- ate the state superintendent or eo ucation as the executive ottlcer or said board. oe 1919. the state board of education was create ed and vested with certain pow CTS relative to the general control and supervision over certain pubic schools of the state, act 1913, r. oV. The legislature appropriated 10 thls hoard Sl00, ,000 annually to be used as revolving fund with the provision that at least 80 per cent thereon, II used should be expended for length ening school terms or otherwise pet tering conditions in rural schools. act 1919, page 29.
 "The state superintendent of educa- tion is by~ the express wording. or the statute made member of the
 
 man and executive, officer of the board. Article 8, section 1, acts 1919. page 569. By provision Of article or this last mentioned act, the state board of education is empowered to use for expenses and compensation of the members of the state board of education in the discharge of their official duties,' any part of the re- yolying fund which is not directed to be expended for lengthening school terms and improving rural schools.
 Act Imposes New Duties.
 This act providing for an educa- tional system (act 1919. page 565) and the state board of education by vir- tue. of the power bestofed on 1t, both imposed upon the state superin- tendent of education numerous dnties which, prior to the approval of the act, he was not charged with per forming. To compensate for these extra duties the board of education provides that the executive officer of the board should receive $1,500 an nually from the revolving fund. This amount is within he 20 per cent of the revolving fund, the use of which is left exclusively within the dis erection of the state board of educa tion. As the act provides that this part of the revolving fund should be used to compensate he members of the state board of education, and as the state superintendent of educa- ton is a member of the state board, 1t follows that the allowance under consideration is valid unless prohi- bited by the constitutional provision which prevents increasing the salary