Daily capital journal. (Salem, Or.) 1896-1899, 1897-08-23
MONDAY, AUGUST %, 1897.

to get the state OuO ol '
dldicult position. The failure of the
legislature to make appropriations
and the failure of two legislatures to
elect the various commissions has left
Oregon affairs in a chaotic condition.
The constitution forbids the secre-
tary of state from drawing warrants
In the absence of specific law and
appropriations authorizing the expen-
diture and providing pay. The con-
stitution had been construed on this
point in strict manner by the su-
preme court, and. acting under that
construction aud according to the
nlain mandate of the organic law, the
secretary refused to issue a warrant
except where money was provided by
laws Ievying a special tax, as in the
case of the State University the State
Militia. the state school fund and
other constitutional provisions.
Now to prevent locking up mil
lion dollars of state taxes for two
wears and to expedite the payment OF
some six thousand miscellaneous
claims, TIE supreme court reverses its
former decision and gives the
c1nstituation a broad and lib
eral construction, authorizing
the secretary of state to audit claims
and issue warrants on the treasury in
the absence of specific appropriations
and on the general theory that where
the legislature creates an office, a
board. or n commission, and fixes its
salary, that is in itself an appropria-
tlon. Still the secretary of state hes
itates. He is a careful, conscien-
tious and honest man. No one can
doubt that. He wants to do right.
He does not want to appropriate
dollar of the public funds to himself
or for Others wrongfully. Take the
case of the boards and commissions
that hold over: are they in Office or
out of Office? Take the legislature;
----.---~- ~---'''-rtvV VI Sa"iN0"'
Take the reform schools: are they
state institutions or not? And so on,
through the list. Mr.. Kincaid is
made by this decision judicial officer
armel with tremendous fiduciary
power. All the shortcomings of the
past two legislatures are brought to
him and he is asked to separate the
false claim from the just, to pour out
state funds or withhold the same. Is
it any wonder he hesitates? A dis
honest or unscrupulOus man in that
Office would not hesitate. Harrison
r. Kincaid stands today as
the only protection of the people
against indiscriminate raiding of the
treasury. We believe he will con-
scientiously do his duty and seek to
honestly interpret and apply the de-
cislon of the supreme court. He will
not finch form a fearless discharge
of his duty under the laws and the
constitution as interpreted by the
highest tribunal in the state. THE
JOURNAL does not believe the court
had any Jurisdiction in the matter.
We do not believe the court will
grant a rehearlng in the case. But
we believe 1t is now the duty Of the
secretary of state to follow the de-
cision so far as it is clear and free from
all ambiguity. We believe that under
that decision a vast majority Of the
claims against the state can be au-
dited and paid. Those about which
there is doubt should have their legal
status determined In the courts. Any
man may present his claim against
the state. But some one must finally
say that IL is just and legal and ought
to be paid. THIS function of adjudi-
cation of claims must be performed by
those charged with that duty by the
people-by the auditing officer or by
the courts. The way now seems clear
for the smoothing out of this very
dldicult situation in our state af-
fairs. The prayer OF all is: May the
like never occur again.
The Educational Number of The