Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-03-16

RICHMOND. MARCH, i0. 1871

- -t,kS
RICHMOND. MARCH i6. 1921.
TO THE EDITORS OF THE ENQUIRER
EApositio" OF aa Act 1t Assembly "concern-
ing the Virginia Msnnfaciory of Arms 1" aud
M appropriation OF 5 20 900 to the use uI
The Virginia Msnntsctoiy of rms.
|. In passing the act. entitled on ar; appyo.
priat'ng The Pubic ReYeanS'' for ls2o thu
Legislaiuie of Virginia appropriated $50 900.
exclusive OF officers salaries, TO the pubic
ipanutaetoiy Ut arDis" TO be applied TO tn. of =
binary operations OF said establishment Dur
iny tt' tsrai HeBr ending on the 3otb Sept.
1870. $4,000 of said appropriation, exclusive
OF tmeeis salaries. were drawn from TIL,
treasury by warrants from the auditor of unb-
Tic accounts, and from the end nf said fiscal
year t30ih Sept. lo20j To the 3Oth Nov. 1920
tnr end or Tie arn0ry year, or rather thu.
!iine AT which The operations of that estah-
ish'uent have always been closed for
ihe curIent year the additional sun, or
5000 dollars have also been drawn from
the treasury by warrants from the auditor-
making the aggregate sum Of S3l 900 since The
appropriation ot tie aforesaid $50 eco "a hirh
.'as seen consumed by the mandatory VI
arms, aud accounted for-and the accounts
passed by the auditor Aud from the 3oth
Nov. 1920 10 18th Feb 1921, $4,000 have h.eu
drawn from Tie Aasnry and cons umed by the
arm"ry, bui which has not yet been account.
ed fot, Dein. in a quarter but Jus, exuired
aud Time has not been sufficient TO tra,,scribe
from the arma,y books OF account, and Iuake
up TIE same. SO that hence-frcin fkese d ala
~ VIII appear. that OF tue appropriation OF
$50 600 made for tie fiscal wear lS2a 9o O00
we're used within the fiscal year ending on The
3Oth Sept 1870. and that $4,000 have been
drawn from The treasury, duiiuy the time be,
tween The said 30.h Sept. lS20, and the 2sih
FEBRUARY, ISL. and applied IN tue ordinary
purposes at the sad mduniecto. Of arms
that is the manufacture of arms. AND Thai os
tins latter sum 81 900 have been accounted tor
with the auditor OF public accounts 50 coo
remaining TO he accosuied for
IN passing The ACT, oppropriaiiHg tse public
revenae tor the fiscai wear 1921 the Lyrisia.
ture OF virginia have directed 500 900 iriclu.
ding omcers salaries, u be applied 10 the use
or The manufaciory of rms, but specifically :
TOR. on ikr Sd March (ins,.) law WAS pa ssed
by the said Legislature, entitled, eau act on
ceibipg the hanniaciOty of arms''-wich
provides. Iha' from The pussagc vi this act IN
tai the hrst ~ JdHudry neat, Tie approximation
10 the mandatory OF arms, made dnr,n. The
present session OF the General Assembly, shall
oe efciVsirefy applied 10 The completion of such
arms do may be unfinished III the SAID mann
factory, or 10 Tie repairs OF such arms beIong-
lug 10 the siaie, AS may ne ed repair
Now. a difhculty has arisen. presenting the
question; whether the Si3,a00 that has been
drawn from the treasury since The close of
the fiscal year ending OH the Both Sent. I62l
snail be considered as a part 0f the $50 OOO ap
propriated for 1921, the application or winch
Is regulated by The act OF I'll March. 1921. or
not And whether. as a collateral Question
Tue auditor ofrntlic accounts. is legal, bouod
To issue hiS warrant warrants oil IA. J,ra-
hury ."r tue whole OF the 100000, Of culy Ter
tue Complement TO $4,000 deductnp The
saiu Si3 uoo:-i am ofthe opinion thai tie mo-
ney drawn from iIeireasaiy. since The close
OF tue fiscal year 1870, t0Iins no pali at ne
appropriation of $4,000 tor 1921 as regulated
by the act OF Sd March, Ie2l aud Hal liz. an.
aitor OF pnbl'c s'r~nnio il nouud by law. TO
issue his warrant OF warrants OIL the fyeasuty
for the whole sun OF $50 Goo TO be auuIi.,i
specifically as by The act of Assembly, passed
sd March 1921, is dircrted.-Aud for ll,e toll
loving Lessons. As 10 The Sl3 OOg di avn from
The iieasury s'pce lie close ut the uscai wear
lS2O ; tie anchor, 90 ErG.iligg ina vstrnsts
Tor The ssnIe. either diu right mr. he did
wrong. 1t lie did right. such granting Of lus
warrants >NaniS no coirCc,i lion. Tor in dom.
that rg1t he Tr,Isi Il iYe had has Guihorifv and
that au thoiI.N must be found ,u th,. tl.,r .,
iSiIug laws Aud it no such authority can he
found then lie did wrong, aud suci, srou.- ~
las oUn UrOaS, and lie shall not BE petuiits,
10 repair that wrong. AZ the exprnce OF CON.
t'a'enns tile iDleution Oi the Legislature. in
carr ylus into eIccf a specific object md
therefore, whether The auditor did right oi
wrong, III granting warrants for the Si3.0OO
alter The close Of The fiscal wear IS2O IA.
public msnHf5ctory oi arms is sitll entitled 10
me wDoie snm of $4,000 TO be used not only
duI!ng Tue hScal year of 1921 but uuiiI lie 4 II
day OF January, 1922, unless sooner expeudt d
Bui my impression is. that the auditor did
right IN Issuing his warrants Tor the SI3 oOO
even after the close or tho fiscal yoar, eu,iinp
OH the SUN SEPT. is20 For, although the d.
mourn Oh az appropriation may not be ex-
hansted within the fiscal year aud ren,aipJe,
| or surplus be not tangible after the close OF
| that year-yet remainder whatever il he
| together With the several parts OF the revenue
| received INTO the treasury after the goth Sent
| in every year, go TO form what is called the
| consolIdated'o or general fuiid-and until The
oDJect OF appropriation is attained, or is d.
| bandoneJ by the Legislature. the auditor find.
| III the genera! aud annual appropriation law
| his authority for drawing on the said cnpsol
| idated aud general fund tn e same as he had
1 before done, under The operation of the spe
| cisl appropriation. 1t this he not the prone
| understanding aud construction OF the genera
| appropriation law, why then does the audito
act III the face OF his own doctrine, to wit
! that an appropriation is not tangible, even 10
It's cwn special object, after the close of fis
| cal year, which cIasiIIng is most clearly exhit
| tied by the vefy fact that lie does draw on ii,
| treasury after the close of the fiscal wear
| Why then did he allow money to be draw
| from the treasury tor tie use OF The III dunfac
| tory after the 30Ih Sept. 1890 If il he a ioos
practice IN The Legislature in antborsiuy TIC
ney 10 be drawn from Tie treasury before n
appropriation is made. why does the sndilo
| aCquieSce ~ such Practice III he snppose
ANY responsibility either as an officer, or i
pecuUary point OF view mas be attached
himi case no appropriation ~ made TO cove
such drawing Z Tie audit0t's business then i
under such practice, 10 give The L"gislaiu,
timely information Of sii such sums ot none
so drawn, iiiat theS may appropriate accord
insiy. Suppose that no app opIIalioH had bee
made, since that creating HE iuud oil 5000
for The use OF the mandatory OF arnis
| 1920 On what ground then would tie al
dllor have stood answer, ou tue same rh
lie will now stand, when this last apprupij
ton is applied TO IFS object Of finishing Il
arms aud pats Of arms on hand az the inaIu
, factory OF arms. And what wOnid have d.,
ms redress or remedy, for suffering mon,
To he drawn from the treasury wiIhaBt
, appropriations And whose iaHlt iSii9 II
two last questions leave Tie auditor 10 Al