Daily capital journal. (Salem, Or.) 1896-1899, 1897-03-01

been made.
This section says that no money
shall BE- drawn frDm the treasury but
pursuance Of appropriations made b.
law That there have no spprObris-
tIons by Law for the current and other
expenses Of she biennial period, com
menclng January J, 1897, and ending
De7ember -, Ises, 90 one will at
tempt 20 deny.
The secretary Is further sustained
in bis decision By subdivision !, Of
section z50s, Of Hnl's code. which pro-
yldes, amOoz other duties Of the sec
retary of state. that, be shall examine
and determine the claims Of all per-
sons against the state, ia cases where
provision for the payment thereof
have been made by law, and 10 indOrse
upon the same the amount due and
allowed thereon and from what fund
the same Is IN be paid, and draN d
warrant upon the treasury for the
mme.' This statute cOntemplates the
payment ~ such claims only as those
which have been appropriated for ard
provided for By law. That the secre-
tary Of state has the authority and II
Is his duty 10 decide upon which
claims shall be audited and allowed.
and for which he shall draw warrants,
Is evident from section 2, Of article s,
Of the secretary Of state shall be by
virtue u his Office, auditor Of public
accounts, and shall perform such other
duties as shall be assigned him by
Law.
'It will be seen by The foregoing
quotations from the constitutio n, the
statutes and the opinion Of the su-
preme court, that the secretary OF
state is not authorized 10 issue war
rants until after money has been ap-
Trcpriated for their payment. When
an appropriation has been made he Is
required 20 sue warrants 70 pay legal |
accounts whether there be any money
In the treasury or not, and H. Is the
duty .Of the treasurer % stamp the |
warrants, not paid for want OF funds, |
II there be no money In the treasury
70 pay them. There is nothing 10 the
constitution, In the laws, or in the
deci sions Of the courts, requiring the =
secretary OF state TO issue certificates
for claims against the state when
money has not been appropriated 10
pay them. Neither is there any stat
ute or decision against issuing them.
IL ~ discretionary with him whether
he Issue them or not. They have been
issued 10 a limited extent as a matter
Of convenience and accommodation 20
persons who present legal and proper
claims 10 be audited by the secretary
Of state, when the appropriation made
Tor that particular service has been
ami there Is a deficiency,
or when the secretary OF state is re-
qulred by law TO purchase and furnish
Ia alDthe counties election supplies, ,or
10 purchase and furnish supplies for
The legislative assembly before the ap-
for these purposes have
Deen made, etc. The law requires
hat these expenses must be Incurred
1efore the legislature that is 10 provide
or their payment has convened. and
he Indebtedness Is therefore legal and
unavoidable, aud there can be no good
'eason for refusing 70 give the claim (
Int certificate or memorandum 1
howl ng that the claim is on file 1
"1n 1868, when the members OF the
egislature got Into a wrangle and Z
vent home without making any APP .
lFopriations, the secretary OF state
ssued warrants for all the expenses G
4 the state until the next meeting OF 1
he Legislature. They were stamped '
y the treasurer, not paid for want OF
unds, and the Legislature afterwaTd
70 pay them ia
all, with legal interest. But this 4
Tas before the decision OF the supreme i
Durt above referred %, aud accord I
AZ 10 that decision warrants cannot =
ow be issued until an appropriation h
a. htho hAabt ApA NANll pay uiCbtt u
ne precedent established In is6s OF .
suing warrants cannot now be fol- !.
'wed, aud the precedent established 4
nce the decision .Of the supreme n
,urt ia 1871, OF issuing certificates 70 =
,ver deficincles In specie appropria- +
ons OF supplies required by law 10 be A
1ught In advance Of the meeting Of p
le legislature, would not beIpOperly
pplioable 10 the present. situation h.
hen the Legislature has met aud 10. ii
lsed or failed 70 make any appropri-
Ion whatever for paying any part Of
le expenses OF carrying on the state :
lvernment.
Z" IL becomes a very serious question I,
hether the secretary Of state should
sue certificates for claims fled for 4
pplles furnished or services rendered
ter the legislAtive.assembly has met
ID refused OF failed % make provision q
. their payment should such Ger. 4,
Iieataa ha izauAd lhaV sNalghf ~ na =