The Greenville journal. [volume] (Greenville, Ohio) 1850-1918, 1908-08-20
LAW COMPELLED
SOME DEFICIT
Officers Forced by Statute to
Spend Money They
Haven't Got.

Conditions that have just been
made public in the offices of the attor.
ner general and adjutant general OF
Ohio illustrate the need of greater
cooperation by the Legislature with
the administrative Offices of the state
After bit of bombastic preliminary,
the newspapers were supplied a few
days ago with criticisms by an audit
ing committee on the expenditure of
public money in these offices. The
criticisms said in substance; This
money is gone; see that the state is
reimbursed"
No effort seems to have been made
by the auditing committee to inquire
into the facts concerning the alleged
deficiencies. The statement is made
that the heads ofthe two departments
principally affected disbursed money
without authority of law. But the leg
islature, by its action, has created
peculiar condition whereby it is prac.
tically impossible for the departments
to conduct the work for which they
are created without some payment
being made outside the strict inter
probation of the statutes.
In the case of the attorney generals
office the alleged deficiency is easily
explainable. The attorney general is
supplied with a small number of as
sistants, entirely inadequate TO the
needs OF the office. He is given author
ity, in emergency cases, to employ
special counsel OF necessity the spe-
cial counsel must be men of learning
and ability and must be paid accord
ingly. Again, the law compels the
attorney general to return to the state
treasurer on Feb. Is, all money re-
naming from his years appropria-
ton.
Must Pay Bills.
1t frequently happens that special
aid is employed in important litiga-
tton. At the time Of the employment
the attorney general still has funds
appropriated by the legislature at his
disposal, sufficient to pay all the
charges made against his office. The
litigation extends over longer period
than was anticipated, perhaps running
two or three years. The claims of
the special attorneys are just and we'll
earned. When these bills are paid,
the attorney general is placed in the
position of disobeying the law by pay
ing for assistance that the law spe.
Citically authorizes him to employ.
Complaint is made that the adju-
tant general has exceeded the amount
fixed by the legislature for use in his
department. Examining the charges,
practically the same condition is met
For instance, the law says the state
troops must encamp IA days every
year. The adjutant general must buy
food for the men, prOvender for the
animals, provide tentage. pay for
transportation and the daily wage Of
the men. These expenses are fixed
and vary slightly from year to year;
or only vary SO much as the National
Guard charges in size Another law
says the department must pay the
men rs cents night for the weekly
drill. These drill payrolls amount to
352, 900 a year.
In the two sections of the National
Guard law just enumerated, a certain
expense is entailed on the adjutant
general; an expense that may be
accurately calculated from one year to
another. The head of the department
Is compelled by law to spend so much
money and he would be violating the
law If he curtailed the length of the
annual enCampment or diminished the
amount paid to the members of the
Guard for their weekly drill. If,
knowing the fixed expenses Of the ad-
jutant general the legislature appro-
PIRATES for his use a less sum than the |
law compels him to spend, he cannot |
be harshly criticized if his report |
shows a deficiency equal to the differ
ence between his appropriation and
his authorized expenditure.
A careful summary of the report of |
the auditing committee shows that all |
the deficiencies it charges are due to |
uncomfortable conditions; that they |
are fixed charges against the Offices |
that the legislature failed to provide |
for-charges demanded by law. If the |
departments do not spend the money |
they violate one law, and If they do |
they obey another law.