The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-03-24
MONDAY. r 81, 1918.
THE COURTS WILL DECIDE.

While the state tax commission is
"A legally organized body it will take
a decision by the courts to determine
whether it's members can receive pay
ment for their services ont of amy
moneys in the state treasury, without
further action by the legislature. AS
We understand it, the whole question
hinges on whether the provisions Of
the law of 1911, creating the board
and specifying the salaries to be paid,
is in itself an appropriation of money
for this purpose.
The original law provided for the
creation of a board of three commits
sioners each OF whom was TO receive
an annual salary OF $4,000; for the
employment of q secretary whose SAL
ary should not exceed $1,000 a year.;
for the employment OF clerical help
at an annual cost of not more than
$4,000; for travelling expenses to
amount to not more than $4,000 IN
nually. In addition the law makes a
specific appropriation of $4,000 an
nually, or SO much thereof as may be
needed, to carry out the purposes of
the act. The bill which has just been
vetoed eliminates the paid secretary,
providing that the work OF secretary
shall be performed by n of the men,
bers Of the board; reduces the amount
allowed for clerical help to $4,000; re-
duces the limit for Office and travel
ing expenses to $4,000; and repeats
the specific appropriation of $4,000 a
year. The bill having been vetoed the
original law stands unchanged in all
Of its provisions.
1t is understood that the theory held
by the members of the commission is
that the clause fixing salaries is in ef-
feet a standing appropriation OF mon
ey for the payment of those salaries;
that the clause providing for a secre-
tary's salary is in itself an appropria-
ton Of money for that purpose; and
that in the same way tho law appro-
PIRATES the various sums for clerical
and travelling expenses. 1t is explain
ed that the specific appropriation of
$4,000 annually was not intended to
have any bearing in the items above
named. but was to provide for such
miscellaneous and unforeseen expenses
as might be incurred in placing the
commission on a working basis, and,
this work having been done, it was
proposed to eliminate this sum entire
~ from the appropriations, as we'll as
to reduce tho other expenditures in the
manner described.
The opposite view is that the state
ment in a law that an official shall re-
ceive a certain compensation, or that
there may be expended certain sums
for certain purposes, is not in itself
an appropriation Of money, and that
before money can be paid from the
state treasury for services or expenses
there must be a direct and specific APP
preparation Of a certain sum from the
treasury for such purposes. Accod-
ing to this view the original law was
and Is defective in that with the ex-
ception Of the $4,000 item last named,
It makes no appropriation of money,
n that 1t was not supplemented by
any other law making such appropria-
ton. 1t is hold that the law made
the sum of $4,000 and no more avail
able for all expenses arising in con-
nection with its operation last year.
and that any sums in excess of that
amount which were paid were irreg-
ularly paid. All payments made in ex-
cess Of the $4,000 were in fact paid
out Of the general fund. Those who
hold that a specific appropriation is
necessary maintain that all the funds
now available for the purpose of the
commission are the $4,000 annual ap.
preparation which. as a part of the or
iginal law, stands unchanged. It is
stated that the state auditor holds this
opinion. and that he is prepared to
make payments out Of the $4,000 until
1t is exhausted. and no longer.
1t is evident that because of the
smallness of this sum an application
must soon be made to the auditor for
payments which he will refuse to
make. and we may then expect that
legal steps will be taken on behalf of
the board to require him to continue
the payments. This will bring tho
matter into court at once, and there
is no reason to suppose that an early
decision will not be reached.
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