217
WRITINGS OF 5AM HOUSTON, 1838
have been rejected by the boards, and whether the proof by the applicant .and witness to establish his claim before the boards can be taken upon interrogatories under the order of a judge, and the commissioners be required to act upon it. "I have the honor to state, in answer to the first inquiry that the boards of Commissioners, in hearing and deciding upon a claim presented to them, necessarily act in a judicial and discretionary capacity. They are to hear and weigh the proofs offered, and, if satisfactory, to pass the claim, other- wise reject it. It is a well established rule, that, whenever a discretion is allowed an officer or board of officers in acting upon any matter, their judgment, or decision cannot be controlled by the writ of Mandamus. Besides this, in the case of the Land Commissioners, a specific remedy is given the party claiming to be aggrieved, by appeal to the District Court, under the 16th section of the law. "In answer to the second inquiry, my opinion is, that the Land Law con- templated a personal appearance of the claimant and his witnesses before the Board of Commissioners in all cases; and relies upon this as the most efficient and important" safeguard against frauds and impositions. The phraseology of the law fully justifies this construction, and its policy certainly would require it." "John Birdsall." "Houston, April 30, 1838." MEMORANDUM ON WILLIAM H. MOORE'S ACCOUNTt 7th May '38 The President is of the opinion that Officers were included and. entitled to the extra allowance of $15 per month for their horses. Lieutenant Moore 2 is entitled to double rations while in Command of the Company. The President is not appraised of any law giv- ing $20 to those commanding a Post. The double ration would leave to him five undrawn rations, he having drawn only one for consumption. His additional pay would be about $18.
Sam Houston
1 Comvtroller's MWta1·y Ser'Vice Records, No. 7371, Texas State Librnry. This memorandum is written on the back of the account of William H. Moore, Lieutenant of Rangers. 2 On December 7, 1836, Houston nominated and the Senate confirmed the nomination of William H. Moore as first lieutenant of the Fifth Company of Mounted Riflemen (rangers). David Monroe was the captain of this com- pany. See E. W. Winkler (ed.), Secret Journnls of the Senate, Republic of Texns, 1896-1845, 31.
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