The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1915-03-17
EXPENSE FUNDS
GOVERNOR DECLARES STATE Of
FICIALS SHOULD HAVE EN-
IRA PAY FOR LIVING At
CAPITAL.

TO members Of the supreme court and
certain other officials, in part pay
ment of the cost of moving to and
living at the capital. e~xtravagant and
unconstitutional. The governor said:
Much of the talk about laws for
the payment of expenses of the gov
ernor and other officials, incurred in
the discharge Of their official duties.
being unconstitutional. is mere cap
tious criticism by interested parties.
and not in good faith.
Largely. | believe. because of the
i~nadequacy of the salaries we pay our
officers, we have had too much alb
sentee government in the past. L
have been trying TO establish the pol
icy of requiring Officers to give their
time and attention TO the duties of
their offices in the interest OF the
public"
What is there TO this talk of un-
constitutionality?" the governor was
asked.
Such claims can only be based
on careless reading of and thinking
about the terms of the constitution.
The constitution fixes and limits sal
aries and prohibits additional fees or
perquisites. 1t makes absolutely no
provision for office furniture. equip
ment, stationery, postage or similar
expenses; for clerks. stenographers
or assistants. Will it be ~contended
that the officer must pay all this
himself without reimbursement. be-
cause the constitution is silent in the
premises? If not, how can it be said
that a law providing for payment of
part of the officers expenses neees-
sarily incurred in the service of the
state, contravenes the constitution?
I'm the Ease of the judges of the
supreme court, there is M provision
of the constitution, express or m
piled, requiring them TO reside or
maintain offices at the capital, but ii
is clearly in the public interest that
they do so, and il is well known that
In some states the judges of the high
err courts do not live or maintain Of
fees at the seat of government. The
constitution does not require hat at
least two terms of the supreme court
shall be held each year at the seat of
government If the judges contin-
utu W ItElut at lAtAt hohiIas AhoANhA
of coming TO the capital and giving
their entire time to the service OF the
state, they would. beyond question.
save themselves much in living ex-
penses. Also if they continued TO
live at home no n would question
the validity of a law providing for
the payment of their personal ex-
penses when coming to the capital to
hold terms of court, as in North Da-
kota, when the supreme court judges
reside away from the capital. the leg
islature provided for each in addition
TO $4,000 salary. the sun of 500
per month for the purpose of defray-
ing the personal expenses of such
judges when away from home In the
discharge of the duties pertaining TO
his office and for other necessary ex-
penses. If payment of such expenses
is constitutional, can 1t be claimed
that a law providing for payment OF
part of their personal living expenses,
incurred in the service of the state,
and incidental to and q necessary re-
suit of their residing at the capital,
Is unconstitutional?
IF it is unconstitutional to pro.
vide money TO pay the personal ex'
penses OF the circuit judges in the
discharges of their duties. 1t must be
just as unconstitutional to pay the
other expenses of their court, which
the constitution does not provide
for"
Asked concerning the law provid.
ing for paying rent for a house fol
the governor at Pierre. Gov. Byrnt
said:
Il No one will claim ii would be un'
constitutional TO provide and main
tain a suitable home for the govern
err. as is done In most states, and
should be done here. IT ii is uncon'
stitutional to spend the amount Of
money necessary to so provide and
maintain a suitable home, how Is Il
unconstitutional to pay a small
amount of rent for a wholly made
quate and insufficient house for the
governor to live in?
There is, in fact, no question o
constitutionality involved, but q
} question of policy for the legislature
to determine. Considering all thu
!, circumstances, the payment of par
} of the expenses of ar officer who re
! sides at the capital and gives hi:
services to the state, is in the public
I interest and l heartily favor It,"
How about the expense account
) for the railroad commissioners thu
governor was asked.
I'm my first message | urged thu
Importance of requiring the member!
of the board to reside at the capital
and remain In continuous sessions al
a board, and because of the meagel
salaries paid them, which would not
support their families ut the capital