The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1895-05-04
HAD TO PAY 1T BACK.
Employees in Governors Office
Drew No Pay for April.
TO MAKE UP FOR ILLEGAL DRAFTS.

says Governor CANE Pay Personal
Expenses With state Money.
Private Secretary ]. L Bristow and the
other employees of the governors Office
did not draw any pay from the state for
their work during the month of April
They left their April salaries in the
state treasury to make up for the pay
which was illegally given them out of
Governors MorrilI's contingent fund for
the work they did for Major Morrill, the
month prior to his inauguration as was
first published in the STATE JOURNAL
When the JOURNAL gave publicity to
this matter an effort was made to cover it
up by saying the attorney general had
been asked for his opinion on helegality
of the governors action, and if the attor-
ney general did not sustain their action
the amount of money paid them would
be covered back into the treasury.
The facts of the matter are, however,
that even before the story of the irregu-
larity was first published the attorney
general had written an opinion, and the
governor clerks had been informed that
they were not entitled to pay from the
state for the work they did in December.
In this connection the opinion written
by Attorney General Dawes on the 9Th day
of April is interesting.
The opinion of Attorney General
Dawes was as follows:
TOPEKA, April 8, 1895.
Hon. Geo. E Cole, Auditor of State, To-
peka, Kansas:
MY DEAR SIR:-Yours of April 9th
making inquiry as to your right, duty
and authority to issue warrants on the
state treasury upon certain vouchers
from the governors Office as follows:
One in favor of Miss Kate ]. Adams for
services from December Is, 1894, to jan
uary IA, 1895, $4,000. One to ]. l. Bris-
tow tor services for the same length of
time for $16665 and one in favor of
Charles Hull for services for the same
period of time $8385, duly received.
In answer to your inquiry beg leave
to say:
If 1 understand these vouchers cor
rectly you have no right or authority to
audit the same, or to issue warrants upon
the treasurer for the payment of the
same. If these parties were doing work
| during the period mentioned as private
| secretary and stenogropher there is a
fund out of which they should be paid
| The private secretary of the governor
receives a salary for which an appropri-
alton is made. If I understand the facts
correctly these parties were not in the
| employ of the state during the time men,
toned.
The respective positions now held by
| these parties in whose favor these vo1ch-
ers appear to be made were, during the
period mentioned, filled by other parties.
These parties were not employed in
| the governors Office during the time
that Hon. L. D. LewelIing was governor,
but even if they had been, it would not
be right or lawful to pay them out of the
governors contingent fund, but they
should be paid out of the appropriation
made for that specific purpose If Miss
/ Adams, Mr.. Bristow and MIR. Hull were
j doing work for Hon. Z. n. Morrill, from
the 18th of December, 1894, until the
14th day of January, 1895, they were in
| his employ as a private citizen of the
state of Kansas and not as governor of
the state. Governor Morrill, was inau-
gurated on the 14th. day of January, 1895.
/ understand that these parties have
been appointed by him to the respective
positions of private secretary and stem
ographers in the Office of the governor;
as such, provision has been made by law
for the payment of their salaries. Gov
ernor Morrill, would have no right to
draw on the contingent fund of the gov
ernor's office to pay for the services rem
dered by ME- Bristow, Miss Adams and
Mr.. Hull, during the period covered by
| these vouchers
A contingent fund has been provided
by the legislature for the Office of COVER
nor of the state.
The intention of the legi slature in
providing a contingent fund for the gov
ernor was that fund might at all times
be ready to cover necessary expenditures
of the governor in carrying on his office
and enforcing the laws of the state, but
such fund can only be used in payment
of services rendered the state upon the
request of the governor, and can never
be used for the payment of personal ex-
penses. Yours very truly.
F. B. DAWES, Attorney General.
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