Daily capital journal. (Salem, Or.) 1896-1899, 1897-08-12
CLAIMS
Against the State of Oregon.
What Secretary kincaid Is Doing
With Them.

An interesting side of the recent
supreme court decision ordering the
state auditor TO audit claims Is
the manner In which it is construed
by the various claimants, Some of
the defunct commissions and those
haYing the most doubtful claims are
the first to rush into the state audit
ing department where 1t seems they
suppose the secretary of state is just
pouring out money. Great is their
disappointment when they are in
formed that nothing will be done at
present and thai when their claims
are reached they will prnbably be dis
disallowed as not coming under the
decision. Men having very doubtful
claims against the state write to the
secretary saying, to please forward
check for the amount due me from
the state"
Never in the history of the audit
iting department could check be is
sued for any claim. Under the most
favorable circumstances with the class
of claims directly covered by the de-
clsion, the best that can be done will
be to issud warrant instead of a
voucher and the warrant will not be
as good as the voucher, because the
voucher will probably draw interest
from date of issue, while the warrant
will not draw interest till presented
and stamped mot paid for want Of
funds"
You. hers issued six months ago are
supposed TO now be worth more than
face because no one doubts that the
next legislature will pay interest on
them and to exchange such vouchers
at their face for warrants is some
thing that the good business man will
think about several times before do
ing.
Below are given few replies
written by Secretary Kincaid to
claimants demanding warrants.
SALEM, Aug. II, 1897.
Ii. B. Luce, Dairy Commissioner:
Your letter of August 10th, enclos-
ing bill of S356.5O for services and ex-
penses as state dairy and food COM
missioner for the three months ended
June 30, 1897, has been received.
When you send your bill for salary
and expenses for the quarter ended
March 81, 1897, returned the bill to
you with the following reply under
date of April 6, 1897:
"Yours of April 3, has been re-
ceived. In reply 1 will say that as
there is no appropriation and doubt
as to whether you are in Office, can
not consistently recognize your
claims, and therefore decline to file
them and beg leave to respectfully re-
turn them in this envelope to you. AS
to what banks and brokers will do in
regard to buying claims l do not
know"
The same doubt exists now that did
then as whether you are an officer of
the state or not. Ii you are not an
officer you have no valid claim against
the state for salary and expenses and
L have no right to file or recognize
your claims, and surely no authority
under the laws or opinions of.the su-
preme court to audit and draw war;
rants for claims of doubtful validity.
The most that could do would be to
reject and refer them to the legisla-
ture with my reasons for such action.
Not desiring to do this, 1 returned
them to you, so that you could pre-
sent them to the legislature or take
such other action as you deem proper.
Until the question of the legality OF
the tenure of Office of the various
commissioners now claiming to be
serving without being elected by the
last two legislatures is settled, will
reject the claims, if the claimants in
sist on filing them in this office, and
report them to the legislature. l do
not understand that the decision Of
the supreme court two years ago, de-
claring that the railroad commission
ers held over until their successors
were elected and qualified, would nec-
essarily keep them and others SIM
ilarly situated in Office Indefinitely.
The time for another election by an
other legislature has passed ana the
conditions existing then may not ex-
ist now. Therefore, / return to you
your claim.
Very rasnectfullV.