The Daily Alaska empire., 1947-02-22
pATH0LE FOR TERR. FUNDS
 IS DISCUSSED
Auditor Asks Power 10 Ap- peal Examiners De-
 (isions to Court

 enough time in the Senate Chamber this session almost to be entitled to a permanent seat therein. After being on the Senate stand yester- day morning regarding the Admin istration General bill, the Auditor was called to the Senate bar again in the afternoon when Senator Leo Rogge's hill to repeal the Board of Examiners was before the body.
 Rogge's lone measure this session $. B. 37-would repeal acts creat- ing the Board of Appeals of Dis allowed Claims, more commonly known as the Board of Examiners. The Board is comprised of the Gov ernor, the Attorney General and the Treasurer. Its duty is to review vouchers presented by territorial department heads and which the Auditor has refused to approve for payment because in his view. the expenditures are not within bounds prescribed by the Legislature.
 From the stand Boyle conveyed that he dcss not favor abolition Of the appeals board. He would like to see the present law regarding the board amended so that the Auditor if overruled by the appeals board, would carry the issue into regular court. The Auditors present difficulties with the appeals board have risen during the past year Before then there were no appeals made from his decisions. During the, past year there has been approximately dozen appeals, with the boards generally taking an opposite view to his.
 Boyle admitted that the acIion of the appeals board probably clears his bonds of liability; however, un- der prompting by Senator o. D. Cochran, he agreed that the Terri tory at present has no recourse on matter of improper payment, once it is approved by the board. The Territory just loses that amount of money.
 Major claims upon which the Auditor and Appeals Board have disagreed concern use of Alaska Development Board funds and pay ment to the Commissioner of Edu- cation of an additional $l25 per month from the Teachers Retire ment Fund. The Education Com missioner is paid extra for admin istering the fund-a job separate from his regular duties-and has been employed by the Retirement Board for that purpose. Boyle stated his view that an official whose pay is set by law could not be legally paid in excess Of the amount the Legislature has set.
 Director of Public Welfare Rus sell Maynard was called to describe two claims upon which he success fully carried appeals from the Au- ditor to the Board of Examiners The major item was somewhat more than $2000 of funds appro- priated to the Board of Public Vel fare which was used to meet general administration payroll, thereby augmenting the administra- tion appropriation to his depart ment.
 Generally agreeing with the Au- ditors view that he should have an appeal to the courts-other than his own right as private citizen at his own eXpense-the Senate sought way to amend the bill. Sen- ator N R. Walker moved to send it back to the Judiciary Commit tee; which eventually was done. It was not done, however, Before move to indefinitely postpone had heen defeated. Senators BroWnell and Rivers held that an outright repeal bill such as No. 37 could not be amended just to modify a present law.
 With s. B. 37 returned to con- mittee and an unknown future, the Senate turned to list of House and Senate joint memorials that filled the rest of it's calendar. Four of them were passed, two failed to pass and one was withdrawn. De- feated were memorials to extend the Glacier Highway to SkagWay and to pave the Juneau-Douglas Highway. Senator Walker appeal ed to his colleagues to give the First Division similar consideration to that always accorded other divis- ions on their road memorials. How ever, a majority of the Senate fol- lowed the lead of the Transporta- ton Committee which had consid- cred the requests too extrayagant