Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-05-21


Fletcher Auditor Graham and other State officers in
terested confronted by the fact that the $35OOO0 appo
for the support Of the administration OF justice for
the fiscal year ending June &c. 1914 practically exhausted
and question how the court expenses for the June terms bills
for detective service and for the balance of the fiscal
shall be met constitutes somewhat interesting prob
lem.
There is an emergency fund.- which can be diverted to
the of the department of justice with the approval OF
the Governor the very practical and timely question
itself in that connection whether relief be af
fored without at the time endorsing the present rate
of expenditure ways that being called into seri
question.
The last Legislature making appropriations provided
other things that in any of the appropriations
should inadequate the auditor with the approval of the
Governor might draw his orders the State reaurer for
such in addition to of such
preparations shall be to support more
such institutions departments to meet any
of the aforesaid expenditures during either both of such
fiscal but that he aggregate of all such orders shall
not exceed the of 100000 in either both of said s
cal years.
In view of the tremendous increase noted in the cost of
the administration of justice thoroughly familiar to the
public the question to what extent the Governor would
be justified approving further expenditures out OF what
may properly be called this emergency fund.-
The constitution already quoted in these columns,
declares that o money shall be drawn out Of the treasury
unless first appropriated by act of legislation Number
$50 of the public statutes prescrhes that the State treasurer
sha not dburse except orders drawn by the
auditor of accounts pursuance of law 1t is also provided
that the auditor shall draw order except
in pursuance of law"
The county clerks required make acquisitions ten
days before each term of county court for the estimated
peses of the which the auditor must honor and
der the law the of the coming June terms of court
be carried forward into the next fiscal but the
clerks requson and the auditors order would be useless
of procuring funds to of the June
in the present fiscal year accrung prior to July l.
the precuded from advancing from the
appropriation for the next fiscal for the present under
the constitution or otherwise.
The salaries of the county clerks judges of probate
attorneys and in practice the salaries of the justices
of the Supreme Court and the superior justices are paid
quarterly the salaries of the city and municipal Judges
All these salaries under the department of justice
The question therefore arises whether the salaries OF
the officers connected with the department of justice
able June l. 1914 be paid the appropriation for this
department exhausted by that date is asked whether
statutes giving annual salaries to the court and
superior judges aggregang $4,000 be considered as
themselves approprang that amount in addition to the
specific appropriation for the department of justice and the
that to adopt such theory would be to mpute to
the Legislature intent to appropriate $5OOOO year in
addition to the combined salaries of Judges county clerks
shers all other saaried officers connected with that
department, which clearly is not the case.
The conclusion is that if June there is nothing left
the appropriated for the department OF justice
the fiscal these salaries not be PAID as
the law stands though there be the treas
uy otherwise appropriated for the constitution is eX-
plicit this subject.
specific
ton for the next fiscal beginning July l. not be
used payment of salaries for the present fiscal
Under these circumstances the Legislature would undoub
eddy make provision for the payment of these salaries for
the quarter when it
In view Of the showing made to the increase IN cost
of branches service the question next arises would
the people justify the Governor authorizing the of
the emergency fund.- for expenditures at the present rate
as would necessarily be the if the funds used at
a since the not limit the expenditures of
State officers who have sole control of their expend
lures?
The Governor might follow distinguished precedent and
loan the State money for the payment of the bills
accung the department Of justice but we doubt II at this
time such a course would be helpful.
Manifesty the only the Governor can check such
expenditures the present time is to specify for what
tcuar purposes the emergency fund.- be used if at ALL
by the department of justice for the balance of the fiscal
year and fund thus saved will revert auomat
cay at the end the fiscal year into the State treasury
thatf
to
Fools to the rock