The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-03-28
One Hundred State Officers to
Receive Increase.
Some Doubt as to Validity of
Law, Attorneys Say.
may BRING TEST ACTION
Joker Discovered in General
Appropriation Measure.
Important Change Made in Pay
for District Judges.

The general appropriation bill
passed by the 1891 legislature in
creased salaries for about 100 state
Officers and employees, as we'll as abol-
ishing several offices and creating
Others. But there is grave doubt as
10 the validity Of the law so far as it
attempts to make salary changes, &C
scording to j. X. Rankin and E. w.
lClausen, assistant attorney generals.
: AS a rider to the appropriation bill,
known as committee substitute for
house bill No. 730, was attached the
bill by the committee on fees and sal
aries which would fix the sala ries for
certain officers, clerks and employees
in the executive and judicial depart
ments by changing the present laws to
conform to the appropriations pro-
vided.
No Riders Permitted.
In the national congress it has be-
come a common practice to legislate
by attaching riders to appropriation
bills, but the Kansas constitution pro-
vides that mo bill shall contain more
than one subject, which shall be
clearly expressed in it's title" Nu-
merous decisions of the state supreme
court have held specific portions of
acts invaiId because OF violation of
Ahis section of the constitution. In
the most widely heralded case recently
decided, Riley VS.. State. it was held
that the legislature could not insert
a provision in an Appropriation bill
against state officers appointing rela-
fives as assistants.
In case the portion of the law max
Ing the salary changes is declared I'M
constitutional, h appropriations
themselves will not be affected, but
ahe result will be that office-holders
will be able to draw only what the old
law states Should the state auditor
refuse to approve vouchers under the
new law, test mandamus action I'M
doubtedly will beabrought, or de-
rlaratory Judgment sought from the
supreme court under the new declara-
tory judgment law.
Another Joker Is Found.
! Another joker has been discovered
in the general appropriation DILL.
Some members of the ways and means
committee evidently believed they
were abolishing the office of secre-
fnrs of the state highway commissIon.
They did refuse to appropriate x2,5OO
n year as salary, but the law estab lish-
ing the office and specifically requir-
ing certain official acts to be per-
repeaIed The highway commission
would be entirely within their legal
rights to pay the secretary's salary
out of the contingent fund. according
10 the attorney generals otIlce' ana
the matter may be handled TINS way
IlkeWlSe the le6lSldtNAS AotiS0 --R
propriate $3.50 for an assistant seq
fetary as an executive for the state
civil service commission, or for con-
tingent fund. The civil service law,
however is still in effect, and the
commissioners themselves have always
served without pay. 1t remains to be
seen how effective the administration
Of the law will now be.
To Receive $4,000 Per Year.
The highest paid state officers under
the new appropriations are three SUI
preme court justices, who are to re-
eeive $4,000 annually. This is $1,000
more than the governor gets. Two
Justices are to receive $4,000 and two
$4,000. Under the old law, two JUS
tees received 5000 and five received
$4,000 Chancellor z. II. Lindley of
the University of Kansas does not re-
ceive his salary by direct appropria-
ton. but he is probably the highest
Daid man in the service of the state.
He receives &c., a year.
{ The salary advance allowed JUS
tees of the supreme court and other
offieers,by the 1920 special session will
not. of course, be affected even tho
the changes made in house bill No
$50 are held invalid.
An important change is in the
salaries of district judges. Under the
present scale all receive SO 900 year
except the three Judges of the Twenty
ninth district (Wyandotte county,
where the salary is $500. Under the
new schedule about two-thirds of the