Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-05-17
REED WILL DRAW SALARY DUR
ING HIS TERM
Supreme Court Holds That Legisla-
ture Cannot Abolish Office by
Refusing Appropriation


Refusing Appropriation
Major Fred R. Reed will draw his
salary of $1,000 a year from the state
as commissioner of immigration, la
Dor and statistics in spite Of the alb
ortive attempt OF the last legislature
to abolish the office. In an opinion
handed down Monday the state SUI
preme court holds that the failure
of the legislature to make specific
appropriation for this office did not
repeal the act Of a previous legisla-
ture which fixed the salary at $z,40O;
and that the only way in which the
continuing appropriation could be
wiped out was to repeal the act.
In the words of the court the intent
of the legislature is found in what 1t
does, not in what it fails to do.
This matter came before the SUI
preme court in the form of petit
ton for a writ of mandate against
Fred l.. Huston, state auditor, to
compel him to issue a warrant to
Fred R. Reed for his salary as a
commissioner. The case was argued
by Captain E. G. Davis for the plain
tiff and by Attorney General Peter
son for the state.
Major Reed was appointed COM
missioner by Governor Haines last
winter, but as there seemed to be a
determination on the part OF the leg
islature to abolish the office, he did
not qualify till the end of March. In
the meantime the legislature cut out
proposed appropriation of 100000.
and no appropriation of any kind was
made for this office. But previous
legislature had fixed the salary OF
the commissioner at $4,000 a year
and the main question was to whether
ILLS Iclu 6OCAs S
1t is settled beyond question by the
decision that the legislature cam t
abolish a constitutional office by
simply cutting off salary for a con-
stitutional office fixed by another
legislature by simply failing to ap'
propriate, it must repeal the old law
Otherwise the salary continues.
The whole case is summed up In
the following brief syllabus from the
pen of Chief Justice Ailshie VINO
wrote the opinion. Justice Stewart
and Justice Sullivan fully concur:
Section /, article 10, OF the state
constitution provides that, There
shall be established a bureau OF i'm
migration, labor and statistics. which
shall be under the charge OF a com
missioner Of immigration, labor ant
statistics, who shall be appointed bJ
the governor, by and with the con
sent of the senate. The commissions
shall hold his office for two years
and until his successor shall have
been appointed and qualified, unless
sooner removed
Sec. 141S, revised codes, al
amended in 1911 (1911 session laws
page 564) provides that, 1T shall o.
the duty OF the governor, by ana
with the consent Of the senate, U
appoint a competent person as com
missioner Of immigration, labor ans
statistics. who shall have charge o
said bureau, and who shall hold MI
office for the term provided In SAT-
article Is Of the constitution. n
shall receive a salary OF $24Oo
year., ETC., and section 276 OF the re
vised codes, provides that, The sa
airy of all state and district OFFICERS
whose salaries are paid from tn
state treasury, shall be paid quarter
" on the second Monday OF jar
uary, April, July and October OF eac
year out Of any money in the treas
ury not otherwise appropriated.
Under the provisions OF sectlo
/, article 10, Of the constitution crea
ing the office of immigration con
missioner, and section 141S OF u
revised codes, as amended oy Tn
1911 session (1911 session laws, pae
564)> prescribing the salary OF INN
grating commissioners, and sectio
276 Of the revised codes, providin
that the salary Of a state offict
shall be paid out Of any money
the treasury not otherwise apr
priated, held, that these provision
Of law constitute an appropriate