The Topeka state journal., 1905-03-23
COLEMAN GIVES OPINION
Attorney General Hands Out Another
About Bailey Money.

Attorney General Coleman has given
another opinion-a verbal one. This
time he says the legislature has no
right to exempt Ex-Governor Bailey
from returning to the state the money
that he drew from the state treasury
for the maintenance of the executive
residence, which the supreme court
recently stated ought not to have been
used as the governor used it. Incl
dentally Mr.. Coleman takes occasion
to deny, after all those months, that
he told Governor Bailey and Assistant
Auditor Nation, before any of the
vouchers were paid, that it was all
right to use the appropriation in that
manner. Later, however, he gave the
governor a written opinion to this
effect.
some of his opinions The ways and
means committee in the legislature of
1903 intended the appropriation for
the maintenance of the executive resi-
dence to take the place of an increase
in salary Governor Stanley had
found it very expensive to live in the
executive residence, and as the legisla-
ture could not increase Governor Bal
ley's salary during his term of office
to cover this extra cost. it increased
the maintenance appropriation tol
cover it. 1t also made an increase in
the salary of the governor of $4,000 a
year, TO D6Bln W1Iflf InS present TERM
The question involved in the main
tenance appropriation was whether Orl
not it was an increase of salary asI
prohibited by the constitution. Mr..
Coleman held that it was not The
supreme court has held otherwise. Mr..
Coleman is now quoted as follows:
1.-The senate resolution, concurred
in by the house, attempted to exempt
Governor Bailey from liability to re
pay to the state money used out of tn e
maintenance fund. That resolution
in effect says that the governor made
use of the money as he did, having
first secured the opinion of the attor-
ney general, ETC. So long as this
statement was confined to talk and
newspaper 4Feports,I have paid no at
tention 20 it, but when it is placed and
published in a legislative resolution, Il
cannot let it go unchallenged- 1t isl
not true.
"The only time the matter was ever
mentioned to me, before Mr.. Kelly
asked my opinion last fall, was after
the governor had drawn vouchers of
the kind, when in an informal conver-
sation the auditor told me such use
was being made of the fund, and ask
ed me, What do you think about II 2
replied immediately, I think the
auditor ought to honor any requiSiuOn
from the governor of the state without
asking any questions and let him
take the responsibility; not giving 1t
as a matter of law. but of courtesy to
afterwards, without being asked byl
him, told Governor Bailey of the
question and my answer 1 afterwards
said the same thing, substantially, 10
Mr.. Nation, but it all occurred after
vouchers had been drawn and pre-
IF l had been asked for an opinion
it would have probably been the same
as was afterwards given, and with the
reasoning of which I am still entirely
DIT
declared the law to be otherwise,
which settles all controversy, and the
law is otherwise.
saThe resolution is without force.
What the legislature cannot do by |
regularly enacted statute, 1t is equally
powerless to accomplish by mere
resolution"
the grocery bill money from baliey
the reporter asked.
81 don't care to answer that question
now" Mr.. Coleman said
Both Governor Bailey and MT Ma
ton stated last fall at the tl1ne tne
started that they each
asked Mr. Coleman as to the leSanty |
of having grocery and other bills for
the executive mansion before any pay
ments We're made Ihe aIlorHey ger
eral is the legal adviser of both the
governor and the state auditor. He
has no right to allow the auditor 10
paw out money illegally TO the gov
ernor any more than to anyone else' II
he knows about it. Taking his YER
sion of the matter as given above as
correct it was his duty as attorney
general to advise the auditor against
having out money to the governor. II
ne governor is drawing it Illegally
instead of advising the auditor ito
honor any requisition from the gov
ernor of the state without asking any
Neither the governor nor
fhe state auditor were lawyers, and 1t
is the dutv of the attorney general to
give them legal advice and to correct
them if they act Illegally