The Daily Alaska empire., 1931-11-25
APPEALSBOARD REvERSES COLE OVER il CLAIMS
Important Points Covered in Territorial Boards
 First Actions

Declaring that no shortage of Territorial funds is eminent, and that the Territorial Auditor has no authority to "sit in review on any decision within the proper functions delegated to other offic- ials or boards the Territorial Ex- amining Board yesterday overrode Territorial Auditor Cash Cole and ordered the payment of II claims against the Territory which he had previously rejected.
 Eight of the claims originated with the Territorial Board of Road Commissioners, two in the office of Education, and one from the Ter ritorial Legislature. The sum in- volved was inconsiderate, aggre9at- ing but S1,9749O.
 Claims Are Upheld
 The Examining Board, which is composed of Gov. George A. Parks, Chairman, w. G. Smith, Treasurer, and Attorney General John Rust gard Secretary, was unanimous in it's opinion upholding the validity of each and all of the claims before it. The Board was created by the 1881 Legislature for the purpose of passing on disputed claims. This is the first time it has been called into action.
 All of the opinions were written by the Attorney General and copies have been forwarded to the Auditor and to those appealing to the Beard
 Hesse Initiates Action
 Highway Engineer w. A. Hesse, member of the Territorial Board of Road Commissioners, acted for eight claimants for moneys due them under contracts with the Commission for work done in re- pairing and maintaining the tele- phone line between Panama and Unalakleet. The amount involved was $1,40690.
 Mir Cole had disallowad the claims on November 6, mot be- cause thsy are not just and true claims against the Territory" said the Boards ruling, but, quoting from the Auditors own decision in the matter because these claims have baen classed in this office as secondary, and just as soon as there is sufficient money to pay all the prior claims contracted the claims in question will be paid"
 Money Is Ample
 The Territorial Treasury may not be exactly flush with coin just now, but the Board found it wasn't as bare as Mother Hubbards cup board. It said
 At the time of the hearing be- fore this Board nothing was pre- sented to the Board to indicate that the finances of the Territory are such that these claims are not legal charges against revenues for the present year, and the Board finds that the resources of the Territory for the present year are ample to take care of the claims in question as well as other claims incurred during this year"
 Other objections raised by the Auditor were declared by the Board to be not well based. It found the contracts were faulty but that the work had been performed, mater ials furishned, and that it seems just and right that the work per- formed should be paid for on the oasis of quantum meruit.
 "The claims presented being in conformity with that basis, it is the view of the Board they should be paid" One of the claims was oy the Northern Commercial Con- pany for freight charges prepaid at the request of Highway En- gineer Hesse. The Board found this to be undoubtedly just claim" It concluded "The de- cision of the Auditor is reversed and the bills in questions ordered paid" ,F q
 School Bus Claim
 Two of the claims were filed with the Board by Bert Johnson, contractor operating the school bus between Juneau and Fritz Cove on Glacier Highway. The September pill, approved by the Commissioner of Education and Governor Parks on October 2, was for $187. The other, for October and approved by the same officials, was for $23l. Both were disallowed by the Audi tor on November 2, and 3, re- spectively.
 MT. Cole raised the point before the Board that neither claim had been disallowed and that appeal was premature. The Board found that he had returned both vouchers to the Commissioner of Education with the notation that "the allow ance per day noted on the voucher is not the amount set forth under MT. Johnson's signature in the original bid" He had also stated that with the information now
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