The Nevada County picayune., 1907-09-05
Governor Issues Statement.

Acting Governor Pindall has issued l statement that an extra session of 1 the legislature is not deemed neces- | sary at this time. That in the con- l tinued disbursement of the common school and Confederate pension funds. as heretofore, he anticiuates no se- rious trouble. He points out that | there is no prescribed penalty for fail ure to adhere strictly to the directory provisions of the constitution cited by Attorney General Kirby relative to biennial appropriations for specific purposes, and declares that he would remit any such penalty so far as the school and pension fund distributions | arc concerned Following is the pub | lished statement.
 Pindalls Statement | The newspapers throughout the State are agitating the question of an extra session of the legislature. There have been rumors cur rent since the adjournment of the regular | session that the legislature would br called back for number of purposes and since the recent opinion of the attorney general upon the state capitol question, the matter has | received more attention.
 It has been suggested in the press of the State that the situation Is one concerning which the executive office should be heard from and believing that the people may be interested in my views concerning this ques- tion. 1 make the following statement: The reasons assigned by those who assume to desire extra session may be summed up as follows:
 First. That since the rendition of the opin- ion of the attorney general the State capitol revenue is tied up.
 Second. That this opinion inferentially ties up the common school fund. Third. That this opinion of the attorney inference pension fund
 Fourth That if the legislature convened in extra session it could make appropriation for the salary of the regular governor or Ar kansas in furtherance of it's expressed will, that he shall receive his salary during his present disabilities.
 Thinks Kirby Right. have carefully read and considered the opinion of the attorney general on the State capitol question, and respectfully agree that be states correctly the constitutional provisions in regard to appropriations from the State treasury.
 This opinion as applied to the State capitol situation has created condition making IL incumbent upon the State capitol commission to assume the initiative in regulating this matter. and until they have exhausted all of the means reasonably within their power. to remove the impeachment To their progress. 1t is premature for this office to take action.
 The School Fund
 Concerning the school fund. l halc conferred with the head of the educational department
 
 am not II liberty at this time to quote him am at liberty 10 say that my investigation has led me to believe that there will not he or that there need not be any serious trouble about this matter.
 Pension Fund
 The pension fund is possibly in tho same condition with the school fund. In regard to the salary of the regular governor am convinced that the legislature meant what they said, and that all the people everywhere en- dorscd their action in declaring that our | -f-, GY,atI in order to carry ont their purposes. l shaii draw no further salary myself but shall re quest Paul Little to draw the governors salary each month and forward il to his mother,
 Will Borrow His Salary.
 For my salary, I shall borrow the money and leave it with the next legislature Ia take what steps in the premises they may sec M and proper Further. 1 am of the opinion in relation to the school fund and the pension money after making inquiry and have becoin" informed that 1t has never been netessary Tor the legislature to make a specific appropriation in regard to these matters, and since It has been the universal custom to regulate these matters without specific appropriation see no reason why these customs should not be followed this year.
 Further there is distinction between man datory and directory provisions of law, and il is rule universally recognized that con stitutonal provisions are directory as applled to the executive department.
 Penalties He Would Remit
 Further, there Is no penalty by law for failure adhere strictly 10 these PhoNisloHo of the constitution, cited by the attorney general. and even if there was penalty, m view of the fact that 1t Is incumbent upon our officers to save to the state all that can be saved by preventing unnecessarily expenses in carving out the governmental functions or their respective offices, l would have no hesi- taney, while acting as governor, in remittlhg any penalty that might accrue by reason oi the auditor or treasurer acting in this case as all oi their predecessors have acted lh the past.
 was at first considering some plan of borrowing the money from the different banks throughout the State, and had particularly m mind the country banks and not the metro potan institutions, spoken for lately by representative of one of the citys banks.
 appreciate the conservatism displayed by Col Pratt and Judge kavunaugh for ther rcspectivc banks when these gentlemen re trained from discussing my plans before they had been advised of them. However as hn communication had been addressed to any or the city banks the gratuitous criticism which was offered concerning my uhdlselosed plan was indeed premature.
 State Will Not Forget.
 In answer to this criticism. however, 1t might be well to remind some of those who constantly urge that the states funds be taken from the vaults and loaned [" the banks. comes with rather poor grace from those Wh" voluntarily refuse to aid the state in times of seeming cxtrcmitics, and doubtless thlS Tact will not be lost sight of by th" people s repre- srntattves when in the future attempts are made ta create So-ealled state dcpositoricS These being my views, 1 feel like saving that at this time the talk of an extra session of the legislature is rather early in the season
 Very respectfully.
 \. O. PINDALL.
 N.fin