Daily capital journal. (Salem, Or.) 1896-1899, 1897-03-01
To Further SpeepIstions Of Warrant
Brokers.
THE LEGISLATURE MUST ACT.
No Revenue for Any State Public
Institutions.

Secretary Of State Kincaid will re-
fuse " accept the responsibilities Inn
posed upon bin through failure Of the
present legislature 10 pass the appro-
prIatiOn bill. lie will sanction no ex.
penditure Of the states money not
specially authorized by law. He will
issue no warrants, except for the
militia and state university, which
are controlled by special laws; aud
which is quite as important will
issue no certificates OF Indebtedness.
This proposed action Of the secretary
Of state is OF the highest Importance,
and makes IL necessary that the leg
islature organize soon; else the state
and It's various institutions will be in
a most awkward predIcament. They
can get no money from the state, and
IL IL dInicult TO see how they can get
credit from private parties. The
whole situation Is set forth In the fol-
lowing statement, prepared Ia the
ONCE Of the secretary Of state:
"The present legislature has appro-
priated no money 70 pay the current
expenses of running the state govern
ment for the biennial term, commenc-
Ing January I, 1897. and ending De-
cember 81, 1898. The secretary OF
state, II. X. Kincaid. has decided that
lie can issue no warrants on the state
treasurer for the payment OF the claims
OF any OF the members Of the legisla-
ture for their salary and mileage, for
the claims OF other employees OF the
legislature for services rendered; Tor
the claims of merchants and other
persons for supplies furnished for the
Legislature; for the claims OF ofiicers
and employees Of the different state In
stitutions for salerles; for the claims
of merchants and others for supplies
furnished 10 such institutions, nor
for any person or Institution, except
where there Is q statute making an-
nual or biennial appropriation for the
particular purpose covered by the
claim. In his decision the secretary |
of state follows the decision OF the
supreme court OF Oregon, Ia the case
OF Brown W, Flelshner, decided nIe7l,
wherein the secretary Of state, Samuel |
y. May, had issued warrants on the
state treasury 10 pay claims for which /
no appropriation had been made by !
the legislature. In this case Justice
Thayer said:
The secretary of state. like every
Other onicer OF the state government,
Possesses NO substantive powers, ca
cept such as are enumerated 10 the
constitution. and statutes, His auth
Ority to audit accounts aud draw war
fants upon the treasury depends upon
the condition that aneanpFoprlation
has been made BY the legislative as.
sembly for their payments
The eourt,afteF citing the law defin.
ing the powers ana duties 0f the state
treasurer aud secretary OF state adds:
These guards aud checks upon the
transactions of public officers were
Nissly made,aud each oniceF should he
"a keep within the scope OF
his authority, NOT only Ia order 10 ~.
;urc the iaterests Of the public, but al
~ 10 protect the rishtso of the indiyid.
lal citizens AZ there were no apprO.
,rlatlOns made for the payment OF the
warrants Ia question, the secretary OF
tate, had no right 70 draw the same,
nd the state treasurer violated no Of
oal duty 10 refusing "a pay them.
''Thc secretary Of state Is also of /
he opinl0a that section 4, article .. q
I the constitution OF this state. by \
nplleatl0n, would sustain him Ia tho 4