Daily capital journal. (Salem, Oregon) 1903-1919, 1917-05-23
Three OPINIONS BY
ATTORNEY General
Secretary Of Board Of Inspec-
tors of Child Labor Can
Draw But $4,000

Mrs. Millic r. Trumbull. secretary Of
the Board OF Inspectors Of Child Labor
Of the state Of Oregon, will have TO oct
along during the coming bi-ennium with
the $1,000 appropriated by the legisls.
ture for the maintenance Of that depart.
ment instead of receiving the $4,000
which was asked for and apparently
voted by the legislature but which has
been reduced TO $4,000 by a clarical er.
ror in enrolling the bin, according to
an opinion given out by Attorney Gen.
eral Brown this morning in reply to a
query Of Mrs. Trumbull relative to the
situation.
The error in the figures Of the appro.
priation was found by State Labor Com
missioner o. p Hoff in looking over the
newly printed session laws. II was sup.
posed that the secretary, whose salary is
fixed at $4,000 for the two years, would
have $4,000 to pay both salary and trav.
cling expenses, but when the bill went
from the house to the senate, that body
cut off $1,000 from rue appropriation
II went back TO the house and that body
refused to concur in the amendment. A
conference committee was appointed
and that committee reported that the
senate should rccede from its position
The senate receded and the bill passed
carrying $4,000. But in enrolling the
bill the enrolling committee made a mis-
take and enrolled it Us carrying $4,000.
The journal of the legislature shows
that the original appropriation was for
$4,000.
Mrs. Trumbull asked the attorney
general whether the record of the
journal showing an appropriation of
81 900 would not take precedence over
clerical error of omission in enrolment,
The attorney general cites the case of
McKimnin against Cotner in which it
was declared that "the enrolled bill is
conclusively presumed to be correct in
the absence of positive showing by the
journals of the legislature to the con-
trary."
The attorney general advises her as
follows:
~ would advise that the only thing
YOU can do is either to conduct your of
flee within the appropriation of $4,000,
or, if this is impossible, to conduct II
upon the basis of $4,000 and when that
amount is exhausted you can apply to
the emergency board for authority to
incur a deficiency.
Assets and Liabilities.
s. G. Sargent, state superintendent OF
banks, asked the attorney general
whether deposits made by deposltorss
with w. NJ. Barnett, private banker OF
Wasco, were assets of his estate and,
conversely. whether his liabilities to
them on account of such deposltors are
liabilities of his estate, and the attorney
General replied that he could not ans
wer him officially because it was PRIV
ate matter. However, he said that as
nrivate banker, Barnett became debtor
IA every dppositor to the amount OF the
doposit, and money deposited passed TO
bis estate as assets, am ucpoSl's as lia-
bilities also passed to | s estate as lla'
bilities. .,,
Tf city council follows the pubhc
lihrarv law of the state of Oregon, IT
nav contract to help maintain pub,
liz library. if the funds appropriated
are used solely for this purpose, and the
Of the state IS not violated
according to an opinion OF Attorney
General Brown in reply to query from