The daily journal. (Salem, Or.) 1899-1903, 1901-12-23
CAN OREGON STATE OFFICIALS BE
PUT ON A SALARY7

U
plan to put all state officials on salary
and see to il that they get nothing more
But in reading the constitution finc
these words:
ART. XIII SALARIES
The governor shall receive an annual
salary of fifteen hundred dollars. The
secretary of state shall receive 90 annual
: salary OF fifteen hundred dollars. The
treasurer Of state shall rec ivean annual
,alary Of eight hundred dollare. The
| Judges of the supreme court shall each
receive an annual salary OF two thous-
and dollars.
They shall receive no fees or petqnisites
whatever for the performance OF any
duties connected with their respective
offices and the compensation Of officers,
Il not fixed by this constitution, shall be
provided by law. .
1t would seem that their salaries are
fixed, since the constitution states how
much they shall receive and says that
"they shall receive no fees or perquisites
whatever"
Why this is not so wish the Editor
to explain. Or, better still, let those
now in office explain. Yours respect
fully, +. Croner.
The above section OF the constitution
vas construed in the case of Chadwick
vs. Earhart, II Or 3S9, to not prevent
Secretary Of State Chadwick, who be-
came Governor by the then governor
being made Senator, from drawing the
salaries for both offices.
In the construction of a constitution
to ascertain the powers OF a legislature
it is the rule that legislature has all
the powers that it is not inhibited from
exercising by the constitution.
The constitution does inhibit the
legislature from bestowing fees and per.
quisites to the officials named in the
above section. 1t is perfectly clear that
all fees and perquisites now received by
state officers under state laws are un.
constitutional and could be collected
back from the officers, barring the stat-
ute of limitations and their ability to
pay.
But there is no inhibition in the above
section Of the constitution against the
legislature creating a salaried office, or
giving a salary in addition to the salary
"fxed" in the constitution.
But until an increased salary is fixed
by the legislature the constitutional sa-
larry is all that can be paid. Under that
construction salaries paid for services on
and boards might even be
declared unconstitutional or they might
be upheld by the supreme court, acc ord.
ing to the strictness with which tha.
instrument was construed.
To a layman's comprehension Of the
matter there does not seem to be any
objection to the ma ming by the legisls-
ture Of fiat salary for the service OF any
state official, though it be in excess OF
the amount now fixed by the consti'I
tion.
The constitution lie living organism
and to be construed for the purpose and
intention Of its trainers, and they evil
IDENTITY had something like the present
emergency in mind when thev drafted
that instrument.
1t was their evident intention tn at
compensation Of state officials should
not be a matter Of fees and perquisites
in unknown and uncertain amounts,
but salaries should be fixed, and if not
ixed in the constitution "they shall be
provided by law"
Why'the official emo!uments of State
officials have grown to the present
colossal amounts, and things are as they
are, older aud wiser beads may ex.
plain.
State governments are a growth, a de.
an accretion, of good acts
and policies and bad and unwise acts
aud policies, never at rest but always
adding and growing, in one respect or
the other
There has been no design on the part
Of any official or party to bring about
the present anomalous condition of
things that TuE IouRSAb believes ought
to be chang d,
THE JOURNAL prints letters from
prominent citizens in this Issue some
Of which raise new issues and PROPOSE,
tlons that we do not care to take up or
discuss.
One writer Gays the salaries that ara
finally agreed upon should be fair, jlst
and liberal They should DOT be penuri-
Gus, as that will only lead to temptations
and other abuses,
In all that is said in the progress of
this sgi alton THE JOURNAL does not
wish to be understood as rejecting on
any present or past state official.
Let the people read the facts nrssan-