The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-08-14
ALLEN GETS THE MONEY
Doesn't Have to Work to Draw
His Salary.

Senator James L. Allen will draw his
salary as Price raid scrip commission
er for the month of July, which State
Auditor Wells has held up until today.
The auditor has received an opiniou
from Attorney General Coleman, stating
that Aliens voucher would undoubtedly
have to be paid if it should be approved
by Governor Bailey as required by law.
The governor approved the voucher last
night before he left for Clay Center, and
Auditor Wells will therefore have to
pay it.
Auditor Wells was inclined to think
he could hold up the scrip commission
er's pay for the reason that the early
scrip commission law appropriates So
200, .for so much thereof as is neces-
sary' to do the work. Mr.. Wells thought
If the commissioner did no work no pay
was necessary.
Attorney General Coleman does not
take this view however. The same pro-
vision applies in general to every other
officer and employe in the state from
governor down, and a ruling of that
kind would give the state auditor power
to hold up the pay of every state off,
Ger whenever he should go on a vaca-
ton or neglect his duties, and this might
be somewhat dangerous to the other Of
f1cers with a man like Seth Wells in the
auditors chair.
Mr.. Coleman bases his opinion on a
New York case quoted in 'Throop on
Public Officers" a standard legal au-
tlOAlty. AlllOA5 OlACl 4uOldllOuS are the
following.
THE right of an officer to his fees,
emoluments, or salary, is such only as
is prescribed by statute; and while he
holds the office, such right is in no way
impaired by his occasional or protracted
absence from his post, or neglect of his
duties. Such derelictions find their cor
rections in the power of removal, i'm
parchment and punishment, provided by
law.
This question is generally presented,
where the officer is a subordinate, and
has been absent from duty for a portion
of the time and an attempt has been
made by his superior to deduct a pro-
portionate part of his compensation for
the time during which he was so abb
sent. There is no power to make such
deduction. unless it is expressly grant
ed by statute.
The incumbent of an office is prima
facie entitled to the lawful compensa-
ton thereof, so long as he holds the
office, though he may be disabled by
disease or bodily injury from perform
ing it's duties. If it be an office held
at the will of the appointing power, and
that power does not see fit to have the
ton go on, while the incum-
bent is so disabled, the only remedy, in
the absence of express law or regula-
ton authorizing the stoppage of the
compensation during the disability, is to
remove the incumbent. and so end his
rights to the compensation. This right
may be cut off by law or by regulation
authorizing it, but not by the act of the
appointing power, without the authority
I of law or regulation.
sit therefore appears" concludes the
attorney general. that where person
qualified to hold an office has been duly
elected or appointed to such office and
has qualified in the manner prescribed
by law. he is entitled to the salary or
compensation of such office as long as
he holds the office and until his tenure
of the office is terminated either by
lapse of his term or by removal by
some power having authority to remove
him.
In view of this opinion there is moth
Ting for the state aUaditor ~toas do but to
honor the voucher and issue the war
rant when the voucher reaches him. with
the governors o. K. attached to it,
Governor Bailey is in Clay Center to-
day attending a reunion, and his rea-
sons for approving the voucher are not
known. 1t is presumed that Senator
Allen gave him excuses for non-perform-
ance of duty which were satisfactory TO
him, and he may have promised to make
up the time he has lost by working
overtime in the future. The voucher
amounts to $125. the monthly salary OF
the scrip commissioner.