Daily capital journal. (Salem, Or.) 1896-1899, 1897-08-10

cbiuCblDus WulCu udc DCtu dt0 uleSCeO
in and acted upon by that body for
more than a third of century, and
we feel bound by the construction
thus given the act, and therefore hold
that it did not effectuate a continuous
appropriation for the payment of the
salaries of state officers. Prime V.
Mccarthy, 81 N. w. 220.
This brings us TO the second cOnten-
tion touching the authority of the
secretary OF the state to audit and
draw his wrrrant for the claim, aud
the solution of this question depends
entirely upon the construction of the
statute which prescribes his duties.
Under the constitution he is made
the auditor of public accounts, and
under the law he is charged with su-
perintending the fiscal concerns of
the state and it is with reference to
the functions of his Office thus desig-
mated that we must consider the en-
actment.
Tie is required "to examine and de-
termine the claims of all persons
against the state in cases where pro-
visions for the payment thereof shall
have been made by law" and we are
led to inquire, first, what claims are
meant? The answer is, such as the
law udS IldOC DiONl0lOnN lOI UllGlI
payment, and by this is meant such
obligations and liabilities as the state
may have incurred under warrant of
law previously enacted. No person
can acquire a valid claim against the
state except in such cases as the fund
amental law has prescribed or the
legislature has through its enactments
permitted and directed expressly orim-
piled by that payment shall be made
for that which constitutes the con-
sideratiOn for the claim. Acting in
his capacity as auditor, the secretary is
required when claim is presented to
look to the law and determine
whether the claimant has brought
himself within any of its provisions
allowing him compensation. In
other words, before allowing the claim
he must be able to put his finger upon
some law which gives the claimant a
standing in his tribunal, upon which
he can demand payment by the state.
For instance, the law has made pro-
visions for the payment TO plaintiff
Of stated salary for his services and
this constitutes such claim as is
contemplated by the statute
up on the claim, If allowed, from what
sund the same is to be paid" and it is
suggested that the fund here meant
is Que specially appropriated and set
aside by the legislature for the pay
nent OF the designated claim or of a
designated class of which it consti-
tutes one. But it is not probable that
a fund thus constituted was the one
intended tor designation by the en-
dorsement. With much greater rea-
son we may infer that it had refer
edce to some one of the few funds that
are provided for under general laws
in pursuance of fundamental enact
ments.
The constitution directs that "the
Legislative assembly shall provide for
raising revenue sufficient to defray
the expenses of the state for each
fis cal year." and that "every law inn
posing tax shall state distinctly the
object of the same to which only it
shall be applied" al and 3, Art TX.
And it has been the usage Of the Leg
islature by virtue of these provisions
to direct the levying of taxes for spec
itied purposes, such as for current eX-
penses, for common school and for
university purposes and the like, thus
creating separate and distinct funds
into which the revenues flow from the
tax collector, or other sources OF in
come and out Of which all the eX
penses of the state government must
be met.
Taxes levied for current expenses 90
into the general fund, those
| for common school purposes together
with interest derived from invest
ments into the common school fund,
and the same with the university and
other funds And ifa tax is directed
| to be leyied for special purpose it
goes into the special fund thus pro-
vided for, and these are the funds of
which the secretary shall take account
in making his Endorsements and draw
ing his warrants upon the treasury.
All of the earlier appropriations pro-
ceeded upon this idea and the latter
ones are not in conflict with it.
The first general appropriation act
adopted in 1860 employed the following
language. THAT the following sum be
and the same are hereby specifically
appropriated to the several objects
hereinafter mentioned for two years,
y to be paid out Of any money
in the treasury not otherwise apprOs
priated;" then follows an itemlZed
statement of the various salaries and
expenses for which IL shall be dis
OuloChs WlOtlOuO VI
ing any separate fund, thus
leaving but single fund for
the secretary to take into account
in the endorsement of claims
and In drawing his warrant. This
practice was continued until 1872 when
for the first time the legislature ad-
opted the plan OF naming separate
funds in the appropriation bills but
subsequent acts have not been uni |
form in this respect. The language
in all TO effectuate the Appropriation |
is in purport the same. ITO be paid |
ont of any money in the treasury not |
otherwise appropriated" or from the
common school fund; university rund |
or other fund as the case may be;
then follows the naming OF subdi- |
vided funds as executive fund"
general fund.-" Judicial fund" and |
the like. But in most il not all OF |
these subdIvided funds are contained |
items OF salaries and expenses To be |
paid as In the former act
The legislature could, If it saw TT,
name a fund for each separate salary |