State Ex Rel. Ruoff v. Rosellini

348 P.2d 971, 55 Wash. 2d 554, 1960 Wash. LEXIS 534

• Court: Washington Supreme Court
• Decided: January 28, 1960
• Docket: 35323
• Status: Published

Opinions

Mallery, J.

House Bill No. 698 of the Thirty-Sixth session of the legislature of the state of Washington was enacted and became Laws of 1959, chapter 316, § 1, p. 1512. Its purpose was to amend the Laws of 1949, chapter 48, § 1, p. 106 [cf. RCW 43.03.010] by raising the salaries of the elective state officials. Laws of 1959, chapter 316, supra, which is the subject of the instant declaratory-judgment action, reads:

“The annual salaries of the following named state elected officials shall be: [Governor, twenty-two thousand five hundred dollars;] lieutenant governor, seven thousand dollars; secretary of state, twelve thousand dollars; state treasurer, twelve thousand dollars; state auditor, twelve thousand dollars; attorney general, fourteen thousand five hundred dollars; superintendent of public instruction, fourteen thousand dollars; commissioner of public lands, twelve thousand dollars; state insurance commissioner, twelve thousand dollars; members of the legislature shall receive for their services twelve hundred dollars per annum, and in addition, ten cents per mile for travel to and from legislative sessions: Provided, That anyone appointed to fill any vacancy that may occur in either the senate or house shall not receive any compensation for salary as herein provided until such appointee shall have qualified for office and shall have taken his oath of office at the next convening regular or special session of the legislature.”

The governor vetoed the bracketed item “Governor, twenty-two thousand five hundred dollars.”

This action seeks a declaration of the effect of the governor’s veto upon the amount of the governor’s salary from and after the beginning of the next term, and also its effect, if any, upon the validity of the salary raises provided for the other elective state officials.

While we are asked to declare the right of members of the Thirty-Sixth session of the legislature to run for these state offices at the next election, we decline to do so because no justiciable issue is presented relating to the eligibility of candidates prior to the filing of a declaration of candidacy.

The effect of the governor’s veto is governed by Art. Ill, § 12, of the state constitution, the pertinent part of which provides:

“ . . . If any bill presented to the governor contain several sections or items, he may object to one or more sections or items while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the section, or sections; item or items to which he objects and the reasons therefor, and the section or sections, item or items so objected to, shall not take effect unless passed over the governor’s objection, as hereinbefore provided.”

We hold that the bracketed language in the act, which was vetoed by the governor, constitutes an item within the purview of Art. Ill, § 12, of the state constitution. It, therefore, follows that the veto was valid as to that item, and that the remainder of the chapter is valid as passed by the legislature.

We find no merit in the contention that only an item in an appropriation bill is within the purview of the constitutional provision. Foreign states so holding have dissimilar constitutions, hence their rules are not applicable or persuasive in this case.

The intention of the legislature in passing the act in question was to raise the salaries of all of the elective state officials. The effect of the veto (unless and until it is overridden at the next session of the legislature) was to prevent the intended increase in the salary of the governor.

Where an act or part of an act repeals or amends an existing act, the veto of the act or part thereof prevents the intended repeal or amendment from taking effect. The original act or part of an act, which was the subject of the repeal or amendment, remains valid and in force for want of an effective repeal or amendment thereof. Such a veto does not leave the kind of a void in the subject of the act for which the appellants contend. Such a result could occur only where the act vetoed was an original act unrelated to any existing legislation. Spokane Grain & Fuel Co. v. Lyttaker, 59 Wash. 76, 109 Pac. 316.

We therefore hold that the item in Laws of 1949, chapter 48, § 1, p. 106 [cf. RCW 43.03.010], which fixed the governor’s salary at fifteen thousand dollars a year is still in effect. The veto of the bracketed item in the Laws of 1959, chapter 316, supra, prevented the raise in salary which was intended for the governor, but it did not repeal the salary provision for the governor already existing in the Laws of 1949, chapter 48, supra. The remainder of the Laws of 1959, chapter 316, supra, having been regularly passed and not having been vetoed, became the law in due course, and the salaries of the other elective state officials prescribed therein will take effect beginning with the next regular term of office.

Judgment will be entered in accordance with this opinion. Neither party will recover costs.

Weaver, C. J., Hill, Donworth, Ott, Foster, and Hunter, JJ., concur.