The log cabin Democrat., 1907-09-05
Governor Issues Statement.

| Actl0S GON6T0OT 1luudll HdS lSSuON
 a statement that an extra session ot
 the legislature is not deemed neces- sary at this time. That in the con | 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 fall
 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
 are concerned. Following is the pub | lished statement.
 | Pindall's Statement. The newspapers throughout the State are | agitating the question of an extra session or | the legislature. There have been rumors cur | rent since the adjournment of the reguia, | session that the legislature would be called | back for a number of purposes, and since the | recent opinion of the attorney general upon | the state capitol question, the matter mas received more attention.
 1t has been suggested in the press of the | State that the situation is one concerning which the executive office should be heard l from and believing that the pcoPic may oS | interested in my views concerning this ques- | tion 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- l ion of the attorney general the State capitol | revenue is tied up.
 Second. That this opinion inferentaly ties | up the common school fund.
 | Third That this opinion of the attorney | general by inference ties up the Confederate | pension fund.
 Fourth That If the legislature was convened | in extra session it could make an appropriation l for the salary of the regular govnrnor or Ar kansas in furtherance of its expressed will | that he shall receive his salary during ms | 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 he 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 1t incumbent upon the State capitol commission to assume the initiative in regulating this matter and until they have exhausted all ot the means reasonably within their power to remove the impediment to their progress, 1t IS prematur for this office to take acton. The School Fund. Concerning the school fund, have conferred with the head of the educational department of our state. Prof. J. J. Doyne, and while
 am not at liberty at this time to quote nm, I am at liberty to say that my investigation has led me to believe that there will not De
 or that there need not be any serious trouble
 about this matter.
 The pension fund is possibly in the same condition with the school fund In regard tc the salary of the regular governor, am convinced that the legislature meant what they
 said and that all the people everywhere en- dorsed their action in declaring that our
 stricken governor shall receive his salary, and in order to carry out their purposes shali draw further salary mysef, put snail re quest Paul Little to draw the governors salary
 each month and forward 1t to his mother Will Borrow His Salary. For my salary, I shall borrow the money and leave 1t with the next legislature to take what steps in the premises they may see Tit and proper. Further I am of the opinion ln relation to the school fund and the pension money after making inquiry, and have become | informed that it has never been necessary Tor the legislature to make speclhc appropriation in regard to these matters and since It mas
 been the universal custom to regulate these
 matters without a specific appropriation see no reason why these customs should not be followed this year.
 Further, there is distinction between man, datory and directory provisions or law, anu it is a rule universally recognized that con stitutional provisions are directory as applied to the executive department
 Penalties He Would Remit. Further there is no penalty by law for failure to adhere strictly to these provisions of the constitution, as cited by the attorney general and even If there was a penalty, ID view of the fact that it Is incumbent upon our officers to save to the state all that cah be saved by preventing unnecessary expenses in carrying out the governmental functions oi their respective offices, l would have no hesl- tancy while acting as governor In remittlhs any penalty that might accrue by reason ol the auditor or treasurer acting in thls case as all of their predecessors have acted in the past
 was at first considering some plan of borrowing the money from the different banks throughout the State, and had particularly lh mind the country banks and not the metro politan institutions. spoken for lately by representative of one of the city s banks. I appreciate the conservatism displayed by Col Pratt and Judge kavanaugh for theI respective banks when these gentlemen re trained from discussing my plans before they had been advised of them. However, as no communication had been addressed to any ol
 the city banks. the gratuitous criucisih "hicn was offered concerning my undisclosed plan
 was indeed premature.
 State Will Not Forget In answer to this criticism. however Il might be well to remind some of those who constantly urge that the states funds De taken from the vaults and loaned to the banks comes with rather poor grace from those wh' nf seeming extremities, and doubtless this fact will not be lost sight of by the people $ repre- sentattyes when in the future attempts are made to create so-caled State Repositories These being my views, l feel like saying that at this time the talk of an extra session or | tae legislature is rather early in the season Very respectfully, K O. PINDALL, Acting Governor.