The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1915-03-16
Tpublished in The Topeka State Journa
March 16, 1851
SENATE RESOLUTION No. 46.

SENATE RESOLUTION No. 46.
WHEREAS, According to the report OF
the special committee appointed undei
tanned that the state auditor ana sIate
treasurer have admitted that they are tax
Iected in the discharge of their official
duties and such fees now amount TO ap,
proximately SSOOO.OO, and by the close oil
their present term will reach a total sum
of Approximately $15000.00, and,
WHEREAS, The constitution of the state
of Kansas in section "a art. 3 says, THAT
no money shall be drawn from the treas
ury except in pursuance of spectre ap-
preparation made by law, and no appro-
priation shall be for longer term than
WHEREAS, Section 9OS2 of the General
Statutes of the state of Kansas reads as
follows: ANY officer, assistant, clerk OF
employe of the executive or judicial depart
ments of the state provided for in this act
Wbo Shall accept. receive or appropriate to
his own any money appropriated by
the legislature in excess of the salary liked
by law shall be guilty of a felony, and,
upon conviction thereof, confined in the
state penitentiary for period OF not less
WHEREAS. Section 9O07 of the General
Statutes of 1909 (enactments or l9Ol ana
1909 reads as follows, to-w1t: All fees
received by any of the salaried officers
mentioned in this act shall be accounted
for in a monthly detailed statement to the
state treasurer, at which time all such
fees shall be paid into the general fund OF
the state treasury; the officers to make
sworn detailed statement to the auditor of
the treasurer, one of which he shall retain,
and shall deliver the other to the auditor
of state, to be filed in his offlce.
1T shall be the duty of all salaried state
officers, their assistants and clerks, and
they are hereby required, as provided in
section 6O91, General Statutes of 1901, to
account for and deliver to the treasurer of
state all fees collected by them, or either
of them for making eertied COPIES OF any amy
and all other papers for which they may
charge and receive a fee; which said fees
%r,1% -oa Of at IN
to the general revenue fund of the state as
is now provided for by law and,
WHERE As' See19n OF cnaR fo11o OIL me 1t
shall be the duty of all salarted state Of
ficers, their assistants and clerks, and they
hereby required to account for the de-
livery to the treasurer of state all fees re-
ceived by them and to account for and
turn over to the treasurer of state all fees
collected by them or either of them, for
any service required of them or either OF
them by law that may hereafter be re-
quired of them by law for which they may
charge and receive a fee; which said fees
shall be credited by the treasurer of state
to the general revenue fund of the state as
WHEREAS, Section IL of chapter 1 of the
Session Laws of 1913 reads as follows:
1T shall be the duty of all salaried state
officers, their assistants and clerks, and
they are hereby required to account for
fees received by them and to account for
and turn over to the treasurer of state all
fees collected by them or either of them
of them by law, or that may here
after be required of them by law,
for which they may charge and receive
fee, which said fee shall credited by the
treasurer of state to the general revenue
fund of the state as is now provided for by
law and,
WHEREAS. The above enacrments show
that it was the clear and undoubted pur-
pose of the people as expressed in the en-
actments of the several Legislatures, 1907,
1909 1911 and 1913, that all fees collected
received by any state officer in whatsoever
capacity should be turned into the state
treasury for the use of the general revenue
fund. and,
WHEREAS, The opinion of the attorney
general rendered in accordance with the
request of the committee appointed under
Senate resolution No. 30, shows clearly
that the failure to have such fees turned
in is clearly and merely an evasion of the
law in the most technical Interpretation
thereof, and.
WHEREAS, The state auditor and state
treasurer were elected with the full knowl-
edge of the provisions of the above quoted
sections, and of the clearly expressed in