Daily capital journal. (Salem, Oregon) 1903-1919, 1915-01-01
STATE OFFICIALS
VIOLATE THE LAW.
Must Either Do This or Close
All Institutions Until Leg
islature Acts

Technically speaking, every state of.
ficer, head of state department. board
or commission which has not a con.
tinuing appropriation who conducts his
department, institution or office either
today or at any time between now and
such time as the legislature makes
financial provision for paying the ex-
penses Of his department, institution or
office is guilty of violation of chapters
30 and $50 of the session laws of 1918
and lays himself liable to fine Of not
less than 1000 or more than $4,000.
After today, today being a legal holi,
day and all departments of state will
be closed they will all be open for
business and it is safe to say that not
a single one of them will be interfered
with or even reproached for such open
violation Of the sacred dictates Of tne
legislature.
Section of chapter 90 of the laws
of 1918 provides that cit shall be un-
lawful for any of the state officers or
trustees, managers, directors, superin-
tendents or boards or commissions or
any of the public institutions or de.
partments of the state Of Oregon to
create a deficiency, incur liability or
to expend a greater sum of money
than is appropriated by the legislative
assembly for the use of said public
institutions or department.
Chapter $50 of the laws Of 1918 pro.
vides that ono warrant shall be drawn
by the secretary of state in payment
of any claim where no appropriation
has been made. But where such
claim has been incurred in pursuance
of special authority Of law and no APP.
preparation has been made for its pay
ment, or if made, has been exhausted ;,
the secretary of state shall audit such
claim when authorized by the emerg-
ency board to do so. Under the pro-
visions of chapter 20 of the session
laws of 1913 violation of the prohibi-
tion of that act is deemed guilty of a
misdemcanor and is subject to a fine
Of from 81 900 to $4,000.
All appropriations made by the legis-
lative assembly for the support or
maintenance of any state department.,
board, commission or institution ex-
pire on the 3lst day of December of
the even year and all unexpended funds
which remains to the credit of such
office, department, institution, etc. on
the first day of January Of the odd year
automatically reverts to the general
fund of the treasury and cannot be
touched for any purpose whatsoever
until authority is given by the ensuing
legislative assembly to do so.
OF course all of the state depart.
mcnts institutions, etc, will 20 right
along about their business as they have
been accustomed to do time immemOrial,
aud it may or may not be tactitly un'
derstood between the head of the de-
partment or institution and his em'
ployes that they continue their work
voluntarily assuming the risk Of funds
being provided for their services by
the next legislature, and nothing will
be said about it only, as one of the
state officials expressed it cit goes
to show that ridiculous and incOnsist'
ent laws some Of the legislative as
scmblies enact
Some Of the state officials express
the opinion that these biennial and
cvcrrccurring technical deficiencies in
the funds for the conduct of state gov
crnment, between the first Of the year
and such time as the legislature enacts
the general appropriation bill, will
eventually lead to the adoption Of
Secretary of State Olcott Is recon-
mendation that the state $ system Of
making appropriations for support and
maintenance Of state departments, in
stitutions etc,, be changed from the
first and end Of the year to the bicn'
nial period ending either April 30 or
June 30, as the ease may be, so as TO
eliminate the continual worry and cx.
ira labor caused by the exhaustion Of
funds, when no bills can be paid or con-
tractcd for until the Legislature makes
provisions for the resumption Of bnsi-
ness upon normal basis.