The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1915-03-18
BYRNE SUPPORTS
EXPENSE FUNDS
GOVERNOR DECLARES SKATE OE,
FiCIAI.S SHOULD HAVE EN-
IRA PAY FOR LIVING VT
CAPITAL.

claim made by certain newspapers
that expense accounts allowed BY law
TO members OF the supreme court
and certain other Officials in part
payment of the cost OF moving to
and living at the capital, eNtrava-
CANT and unconstitutional. The gov
ernor said:
Much OF the talk about laws tor
the payment of expenses of Inc gov
ernor and other Officials. incurred
in the discharge of their c%fieial dut-
les, being unconstitutional. is mere
capticus criticism by interested part
les. and not in good faith.
Largely, | believe, because of the
~indequacy of the salaries We pay our
officers, We have had too much abb
sentee government in the past. |
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 uu-
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 perqussites. 1t makes absolutely
no provision for Office furniture.
equipment. stationery, postage or
similar expenses; for clerks, steno-
2raphers or assistants. viii it be
c9ntended that The officer must pay
an this himself without retmbnrse-
ment. because the constitution is sill
emit in the premises? Ii not, how
can ii be said that q law proViding
for payment OF part of the officers
expenses necessarily incurred in the
service of the state, contravenes the
constitution
I'm the case Of the judges of the
supreme court. there is no provision
OF the col,stitution, express or impii-
cd. requiring them to.rcside or main
tain offices at the capital, but il is
| clearly in the public interest that
Ithey do so. and it is we'll known that
in some states the Judges OF the high
or courts do not live or maintain OF
fees nj the seat OF government. Thc
constitution does require that at
least two terms Of the supreme court
thall be held each year nj tho seat
of government.' If the Judges con
tinued to reside at their homes. in
stead of coming TO the capital and
giving their entire time 10 the service
of the state. they would, beyond cues
ton, save themselves much in living
e%Xpenses. Also if they continued 10
live at home no II would question
the validity of a law providing for
! the payment of their personal eX-
penses when coming to the capital to
Lold terms of court, as in North Da-
kota. when the supreme court judges
reside away from the capital, the leg
Iislature provided for each in add
ltion TO $4,000 salary. the sum OF
$500 per month fer the purpose OF
%defraying the personal expenses OF
such judges when away from home
lin tho discharge of the duties per
l~tainine to his office and for other
necessary expenses If payment OF
jsuch expenses is const itutional. can
III be claimed that a law providing
for payment of part OF their person
al living expenses. incurred in the
service of the state, and incidental
to and a necessary result Of their
residing at the capital. is unconstl-
tutional?
"lf it is unconstitutional to provide
money TO pay the personal expenses
of the circuit Judges in the DISCHARGE
OF their duties. it must be just as mn
constitutional TO pay the other
penses of their courts, which The
constitution does not provide for.
Asked concerning the law provid-
ing for paying rent for a house for
the governor at Perre, Governor
Byrne said:
mo one will claim il would be un-
constitutional to provide and main
tain a suitable home for the gov
iernor. as is done IN most states. and
Should be done here. If 1t is uncon-
stitutional to spend the amount OF
money necessary to so provide and
maintain a suitable home, how is ii
Unconstitutional to pay Il small.
amount of rent for a wholly made
quate and insufficient house for thf
governor 10 live in?
There is. in fact. no question %
constitutionality involved, but :
question of policy for the Legislature
to determine. Considering all the
circumstances, the payment OF par
of the expenses OF an officer who re
sides at the capital and gives his scr
vices to tho state, is in the public in
interest and | heartily favor it"
"How about The expense aeconn
for the railroad commissioners" th'
governor was asked.
"In my first message urged TN
importance of requiring the member
Of the board 10 reside at the capital
and remain in continuous session a
La board, and because OF the meage'
salaries paid them. which would no
support their families at the capital
l urged that some allowance or per
sonal expenses be made to each wh'
+ would 50 enter upon his duties. TIL
/, legislature embedded these recon
%mendations in Chapter 30 oil tn
laws OF 1913. | know performed
valuable public service in .bringin'
, about this change, and ! surely hav'
no apology to make for it,
WINS