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

OF the state treasurer. He is required
Ito pay on demand out OF the state
treasury all sums authorized by law 70
be so paid, if there are appropriate
funds in the treasury to pay the
same, and when any such sum is re-
Quired to be paid out Of a particular
fund, it shall be paid out of such fund
only; and he shall pay no fund out of
the treasury except in pursuance OF
law authorizing the payment" The
first clause enjOins upon the treasurer
the duty of paying out of the treasury
all sums authorized by law TO be paid,
that is to say he, like the secretary of
state, in auditing must see to it that
the sums disburSed are upon valid
claims or demands against the state,
such liabilities or obligations as the
law has authorized to be incurred
All sums thus authorized by law must
be paid If there are appropriate funds
in the treasury, and when such sum is
required TO be paid out of a particu-
lar fund, then out of such fund only.
Herein there is no reference to any
appropriated fund set aside in the
treasury for specific purpose. The
"funds" referred TO are such as may
be applicable in the disbursements of
sums authorized by law TO be paid.
And the particular fund may be one
of the few provided for by law under
the constitution. In the latter clause,
however, we find an additional limita-
tion upon the action of the treasurer.
He shall pay no fund, that Is no one
of the funds provided by law, and of
course no part of any one of such
funds, out of the treasury except in
pursuance of law authorizing the pay
ment thereof, or, in other words the
disbursement of the fund. This con-
templates an appropriation of the
fund and an inhibition upon the
treasurer to disburse it in any event
unless so appropriated.
The clauseauthoriZing the treasurer
to endorse upon warrants mot paid
for want of funds" must be read in
connection with these clauses, and
when so interpreted it becomes at
once Ineligible and plain without
the changing of a syllable or a sent
ence, otherwise, as under the cOnten-
tion of the counsel for respondent the
words "the appropriate fund" must be
made to read appropriated funds. "
1t Is elementary that an act must be
so construed If possible 'aS to give
effect to all its provisions as 1t is pre-
sumed that the legislature intended
each to answer some appropriate and
specific purpose. and with the inter
probation here indicated, all the other
provisions of the act prescribing and
governing the Secretary'S official
duties as auditor Gf public accounts
and in the capacity of superintendent
of the fiscal concerns of the state, be-
come operative at all times, otherwise
the most important of them must
fall utterly into disuse whenever it
happens that appropriations have
been exhausted and all the time sus-
pended as to any particular items or
claims where funds are not set aside
in the treasury for their discharge.
We may instance some of them. By
section 2208 the secretary is required
to report to the legislature at the
commencement of each regular session
a complete list of all accounts so
audited; and TO enter in book kept
for that purpose an abstract OF all
warrants drawn on the treasury show
ing the date, number, name of claim
ant, the amount claimed, the amount
allowed thereon and from which fund
to be paid. And by S2209 it is pre-
scribed that all persons having claims
shall present them to the secretary
to be audited, settled and allowed
| w bnO JCdlo, llOU NdiQo, DudD
| if any person is, dissa tistied with his
decision on any claim, account or
credit it is made dis duty, at the re-
quset of such person, TO refer the
same to the legislative assembly, and
that in all suits in behalf of the
state no debt or claim shall'be allowed
against the state as set-Oh but
such as have been exhibited and by
him allowed or disallowed Under the
theory that there can be no auditing
unless there is an appropriation. all
these clauses among Others would
rest in allegiance for the time being,
and in some instances become abSol-
utely nugatOTy, public service would
be impeded and individuals might
suffer injustice. There Is a natural
and rational implication from the
provisions here alluded to that the
secretary should act upon the claims
presented to him with reasonable dis
patch and as there are no exceptions
touching when he shall not act, we
infer thtt the want of an appropria-
tion Of funds then applicable will not
suspend his decision We hold, there
fore, that when a claim against the
state Is presented TO the secretary he
must act upon it whether there has
which TO meet it or not, and If allowed
he must indorse upon IL the amount
so allowed and the fund, one Of the
original funds subslsting under pro-
visions OF law, not the .subdivided
or appropriated fund; from which II
is to he paid, and draw his warrant on
the treasury for the same. He has
nothing to do with the subdlvided
fund, the treasurer must look TO that:
State '. Hoffman. $50. St. 435, ,443.
The drawing or the warrant is
made part Of the act Of auditing
and Is the claimants evidence or
certificate Of the allowance. Nor is it
the drawing Of money from the treas
ury: Evans y. Mccarthy, AZ Kan.
426. The warrant is but prima facie,
not conclusive evidence of the validity
Of the allowed claim, and unless there
is authority Of law for the payment OF
such claim the treasurer may refuse,
and, indeed, It is his duty 10 refuse,
to pay the warrant, even If funds are
appropriated: Goldsmith V. Baker
City, just decided; State Y. Lindsey,