The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1921-08-10
MUCH INTEREST
IN LAW SUITS
ACTIONS AFFECTING ADDITION
AL SALARIES AND ALLOW
ANCES TO STATE OFFICERS
FOR EARLY HEARING.

Pierre, Aug. 10.-Much interest
has developed in the outcome of the
suits instituted under authority of
Governor McMaster to prevent pay
ment of the additional salary grant
ed the uperintendent of public in
struction, as executive officer OF the
state board of education, and the
slary paid the attorney general for
his work in connection with the se-
curities commission.
The three companion cases will
probably be tried together before a
court of attorneys occupying the su-
preme bench
The question of an expense allow
ance to constitutional officers has
been mooted one in South Dakota
for nearly a score of years. First
the matter of making a lump allow
ance of so much a month to the
states chief executive was before the
public, and because of unfavorable
sentiment the practice was abandoned
about IL years ago. In its place
the governor was allowed a certain
sum each month for house rent, the
question of the legislatures right to
substitute this procedure instead of
erecting a governors home never
having been raised.
In 1913 the legislature raised the
compensation of the supreme court
judges from $4,000, as fixed by the
constitution, to SO 500 year by al
lowing each judge $50 a month as
expenses incident to his being away
from his legal residence and residing
in Pierre. The constitutionality OF
this statute was determined in 1915
in the case of Mccoy VS.. Handlin, a
mandamus action brought by James
II. Mccoy, presiding judge of the
supreme court, against j. E. Hand
lin, at that time state auditor.
Then in 1915 the legislature took
another step and authorized the pay
ment of $50 monthly for the same
purpose to all constitutional officers,
except the attorney general Two
years later the securities commission
was created, of which the attorney
general was made a member. Also
the state board of education, of
which the superintendent of public
instruction was made president eX-
officio, was created that year Until
bers of the securities commission
served without compensation
AT that time, however a law was
passed giving to members of this
commission, who as state officers
were receiving a salary of less than
$4,000. the sum of 500 per month.
The attorney general, whose salary
is fixed by the constitution at ST.
600 per year, became eligible to this
additional compensation. The leg
islature last winter authorized the
payment of $50 monthly to the ex-
ecutive officer of the state board of
education, a position which had hith-
erto been gratuitous.
The final step leading up to the
present action was taken last win
ter when the governing body passed
law allowing each member of the
legislature 5000 for the session, as
expense allowance; increased the
previous allowance of the supreme
court judges to $15$ per month and
provided for the payment of the ac-
tual expenses of circuit court judges
while holding court outside their
regular district, in addition to their
lump expense allowance.
1t is the contention of the auditor
that this expense allowance when
holding court in other circuits can
not be paid because ospecific sum
was appropriated, the law stating
that it be paid out of any money
in the state treasury not otherwise
appropriated, and that there is no