Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1914-01-16
WATSON LOSES
PEOPLE WIN
OPINION rs FAR REACHING
State Department Heads Must Not
Hire Permanent Legal Aid Unless
Provided by Legislative Enactment.

Assigning four valid reasons Tor so
holding, the Supreme Court Tuesday,
Justice Burnett writing the opinion,
decided that Corporation Commiss-
ioner Watson could not legally en-
ploy special counsel and that State
Treasurer Kay was justified in declin-
ing to honor the warrants of Claud
McColloch, State Senator, who had
acted in legal capacity for the Com
mission.
The court held that the Attorney
General and the District Attorneys
shall be the legal advisers of the state
officials and commissions, that as
State Senator Mr.. McColloch is hold
ing one lucrative state Office and cam
not hold two, that he cannot be ap-
pointed to a state Office created by an
act of the Legislature of which he
was member, and that the functions
of the corporation department per-
tain to the administrative department.
of the government, in which mem
Der of the legislative department is
forbidden to participate.
The opinion will put an end to the
employment of permanent special
counsel for state officials or departl'
ments unless provided for by legis-
lative enactment, as in the case Of the
State Railroad Commission. Mr.. Wat
son contended that Senator McColloch
had been designated an assistant
commissioner, but the evidence show
ed that the appointee actually per-
formed legal work for the commission.
The court dismissed a writ of man
damus to compel the State Treasurer
to honor Senator McColloch's war
rants. He was employed at salary
of 1925 month by the corporation
department and salary of 1925 a
month by the State Industrial Acct
dent Commission, but in view of the
decision it is believed that no effort
will be made by him to obtain com
pensation for work for the latter
commission.
Senator McColloeh representing
Baker County, was Governor West S
chief lieutenant on the floor of the
Senate at the last session of the Leg
islature, and it has been alleged his
by the commissions
were in the nature of payment for
political services, Mr.. Watson having
been promoted by the Governor from
his private secretary to Corporation
Commissioner, and the Governor hav-
ing appointed the members of the
Industrial Accident Commission. The
option says in part: '5'3.. i
p "There is a further reason for not
upholding the claimant in the situa-
tion involved. 1t is said in section l,
article 3, of the state constitution,
that the powers of the Government
shall be divided into three separate
the legislative, executive
the administrative, and the
judicial; and no person charged with
official duties in one of these depart
ments shall exercise any Of the func-
lions of the other, except as in this
expressly provided. In
any view of the case the functions Of
he Corporation Commissioner and his
including stenographers
md clerks, pertain to the administra-
live department OF the government,
IN which member of the legislative
department is forbidden to partici-
Date.
"The claimant was not authorized
% accept the appointment or perform
he duties mentioned in the writ. He
-ould not. therefore, properly or law
'ully claim the compensation annexed
o that appointment. The warrant
# the Secretary of State issued in
payment thereof is not binding upon
he State Treasurer, who, under the
questions appearing in the record,
vas justified in refusing TO pay the
anne" i
r1~.s Hal. g. ii. - stt. oa4oa /