Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1908-11-18
PRACTICE OF STATE FOR YEAR S
RESULTS ~ CONFUSION
AND EMBARRASSMENT.
DUPLICATE PAYMENTS SHOULD
BE PERMITTED OR OTHER
PROVISION MADE.
SECRETARY OF STATE FREAR
TRANSMITS BIENNIAL REPORT
WITH SUGGESTIONS.
Madison. Nov. !

Advance payment OF judicial sal
aries is an evil that has been estab
lished in Wisconsin's system of gov.
eminent, and in a letter of transmit.
tai, Secretary of State James A. Frear
ess brought the question to the atten.
ton of Governor Davidson.
"A provision for quarterly payment
Of judges salaries in advance" says
Mr.. Frear, has resulted in confusion
Of accounts in the department and
duplicate demands for payment due to
deaths and designations prior to the
expiration of the term for which pay.
ments had previously been made. .
Chapter 362, laws of 1876, specifically
prohibited any advance payments of
salary. Section Ill of the Annotated
statutes of 1889 also prohibited adj
vance payments to any officials of the
state. The statutes of 1898 contain
a provision exempting the salaries Of
judges, but all other advance pay
ments are prohibited. In their notes
TO this section the revisors say: 1T is
understood that the practice ever
since the constitution was adopted has
been to pay such salary quarterly in
advance
AS a result of the law passed under
the revisor's recomme ndation, a resig-
nation or death of one of the judge S,
occurring Immediately after the pay.
ment of the quarterly salary in adj
vance, leaves doubtful the legal right
TO audit a suece ssoT's claim for serv.
ices within the same term where the
quarterly payment is retained by the
judge resigning. Such advances re
sulting in requests for duplication of
payments have recently been present
ed to this department. If the law
permitting quarterly advance pay,
ments is to remain in effect to the
new judges so appointed to Fill va.
cancies during the balance of the quar-,
ter, or else specifically prohibit more
than one payment during the quarter
The situation is further affected by
an opinion received from the attorney
general, furnished at the request of
this Office. After advising that anew
judge who made application for the
last two months salary of the quar-.
ter had no claim against the state. the
opinion further reads:
"At this time | am not prepared to
say but that the state of Wisconsin
might maintain in action against the
former Judge on the ground that it
was an entire contract and he was
was paid in advance with the express
or implied conditions that he per.
form the duties for the quarter Gov
cred by the salary. and there being a
failure of consideration, the state
could not recover back
"A further embarrassment is here
by presented by the possibility Of the
death of an incumbent during the
quarter An action if then proper,
would have to be brought against the
estate of the deceased to recover the
full quarters payment would be in
form the contract by the deceased
was involuntary. wisconsin is the
only state where this provision exists,
so far as aso ertained, or where there
is presented such peculiar compiled,
lions in salary payments. 1t is inprob.
able that any official who would be af
fec I'd by such proposed change in the
law, viii object to having judicial sal
aries placed upon the same basis as
all other payments made by the state
for services rendered.
Excess OF Print. d Matter.
Mr. Frear says there is a waste of
printed material, pubic documents,
etc, and cites instances that the state
printing might, without disadvantage
to the public, be curtailed in volume.
AS an illustration of waste he calls
attention to the fact that over 100 tons
of waste paper were sold by the SUI
perintendent of public property during
the years of 1907 and 1907 A large
portion of this waste consisted of old
pamphlets, books and other public doc.
uments that were condemned and or.
dered sold under authority OF law.
Inheritance Taxes.
Attention is called to the matter of
inheritance taxes and the suggestion
offered that if this important branch
OF the states income is to remain un-
der the Jurisdiction of the department
of state provision should be made
for its more effective administration.
The Importance of the matter is noted
in the fact that during the biennial
period there came innto the state
treasury $642.111.71. The work OF
looking after this business for the
state is at present performed by the
shipping clery of the department. a
competent person but not with suite
tent leisure from his other duties to
administer the law perfe city.
Trust Fund Discussion.
The trust funds are subjects of dis
cussion also and attention is directed
to the historic truth that from 1866 10
1856 the state borrowed from the
borrowed from the school trust funds
s2,251 600. paying interest at the rate
of seven per cent. The state Is still in.
debted to these trust funds to the
amount of s2,251 900 and pays annual
ly 1857. $40 interest. or at the rate of
seven per cent, or just half the rate
paid BY the state TO such funds. No in
justice exists under present conditions
because the trust fund income is di