AGO 1951-53 No. 10.

• Case Date: April 11, 1951
• Court: Washington

Washington Attorney General Opinions 1951. AGO 1951-53 No. 10. April 11, 1951[Orig. Op. Page 1]PRIVATELOYALTY AFFIDAVITS AS A CONDITION TO THE ISSUANCE OF WARRANTS FOR PUBLIC ASSISTANCE.The State Auditor is not required to obtain loyalty affidavits before issuance of warrants for the payment of public assistance grants under Substitute House Bill No. 1 of the Extraordinary Session of the Thirty-second Legislature, but may do so as a matter of protection to themselves from any charge of malfeasance.Honorable Cliff YelleState AuditorOlympia, WashingtonCite as: AGO 1951-53 No. 10Dear Sir: This is in answer to your verbal request for our opinion as to whether you will be required, by Substitute House Bill No. 1 of the Extraordinary Session of 1951 prior to the issuance of warrants for the payment of public assistance grants, to obtain affidavits to the effect that payees do not believe in, or are members of organizations which believe in, or teach, the overthrow of the government of the United States by force or violence. It is our opinion that you are not required by law to obtain such affidavits prior to issuing warrants, but that payments of grants to persons who believe in, or advocate, the overthrow of the government by force or violence are illegal and your liability is the same as that for any other illegal payment. ANALYSIS The General Appropriation Act, passed by the Extraordinary Session of the Thirty-second Legislature, Substitute House Bill No. 1, contains the following proviso: "Provided, That no part of any appropriation contained in this act shall be used to pay the salary, wages, or grant of any person who believes [Orig. Op. Page 2] in or who is a member of or who supports any organization that believes in or teaches the overthrow of the United States government by force or by any illegal or unconstitutional methods: Provided further, That no part of any appropriation contained in this act shall be used to pay the salary, wages, or grant of any person while engaged in strike against the state of Washington, or any office, department or agency thereof, or against any political subdivision of the state: Provided further, That for the purposes hereof an affidavit filed with the state auditor by the payee prior to the issuance of any warrant, or in lieu thereof a certificate by the responsible officer certifying that...