Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-05-13

Ilcc W Dttdh Us lOTCc- DE Saws
"It will be seen that these provisions are in
substance the same. The successive Legislatures
of ls47, As. 49 aud so accepted the sections
quoted from the acts of lS46 and Al, as an ap-
preparation to pay interest within the meaning of
the Constitution, and made no other except in
three special acts ia le49, 1850 and 1851, au
thorizing the borrowing of money and directing
the money thus borrowed to be paid on the in
terest on the public debt, which direction was
nothing more than a statement of the purpose for
which the money was borrowed"
| will not say that His Excellency lodges, for
taat would be treating the high Office be fills
with a want of respect; but it is evident he has
not read with sufficient care the following acts:
Acts le4s. page 20; Acts ls49, page 6; Acts 1850,
page 81; and Acts 1851, page l32
These acts authorize the borrowing of certain
sums of money, and in terms appropriate them
to the payment of the interest on the public debt.
His Excellency says they are not appropriation
bills, but a mere statement of the purpose for
which the money was borrowed, and a direction
of the disposition that shall be made of it.; but
that the acts of 1876 and ls47. are, in effect, ap-
preparation bills. Comment, | think, is unneces
sary.
His Excelleucy thinks my definition of the word
appropriation, inaccurate. Upon that subject |
said ms follows:
"The word appropriation, as. used in the Consti
tuition, | suppose 10 mean. an act of the General
Assembly setting aside money to be applied TO a
delnite purpose, with authority to take it from
the Treasury tor application to that purpose.
| do not suppose il necessary that any set form
of phraseoloey should be used. or that there
should be "A specific appropriation at each session
of the General Assembly; but it should clearly
appear to the Auditor and Treasurer Of State that
the General Assembly has made the appropria-
ton authorizing the paymentof the money sought
t be taken from the State Treasury.
The Supreme Court. in the case of LANCE VS..
Stoyer, (I9 Ind, p. 49, held that The stat
ules on the subject of swamp lands, q. G. & H.,
p. 597. ct. seq } make full appropriation of the
swamp land fund to the payment OF the legiti-
mate claims against that fund, aud no further ap-
preparation is necessary to authorize the Auditor
of State To draw his warrant in a proper case. up
on those funds
The act in question creates a Swamp Land
Fund. provides for a system of labor and con
tracing, and authorizes the Auditor of State,
upon the presentation to him of a certificate show
ing the labor performed bv a contractor, TO issue
a warrant on the Treasurer of State for the
amount named in the certificate. payable out of
the Swamp Land Fund.
This case illustrates the correctness of the de
fnition Of the word appropriation which | have
adopted"
The definition contains two elements. FIRST, a
1 NtNAAhR 'tf1N - bftHOf - - 80 'SNA " -
second. authority TO take money from the Treas
ury aud apply it to that purpose. His Excellen-
cy, | think, will have great difficulty in conceiv
ing Of an appropriation bill that does not neces
sarily fall within this definition.
There must be some means of fixing the amount
appropriated, 1t may be fixed by existing legis-
%lation. or some system of auditing and ascertain
ting it, otherwise it will be impossible to tell how
much is to be taken from the Treasury. There
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thus ascertaiDed shall he taken from the Treasury
and applied as directed by the Legislature.
As stated in my letter to the Auditor of State,
| do not suppose that any set form of language
should be used, but the Legislative intention
should clearly appear.
His Excellency proceeds to define accurately,
the word appropriation. He says: An appro
p%riation may be accurately defined as a direction
given to pay money ous of the Treasury for a
particular purpose"
| will have no controversy with His Excellency
about his definition, and merely ask the question:
How his definition applies to the acts of 1916 and
l647; how il is that "A promise to pay money by
the State is a Legislative direction to the State
officers to paw itr
His Excellency thinks section nine of article
ten of the Constitution, a sufficient appropriation
TO authorize the payment of the interest, and
answers an objection he says | made to its hav.
ing that effect, that it would also be an appropri
alton for all the ordinary expenses of the State
Government. He says | am incorrect, because
the ordinary expenses of the State Government
aye not liquidated and ascertained. and can only
be ascertaiped and determined from time to time
by Legislation.
His Excellency is mistaken. | made no such
point as to this section of the Constitution.
never supposed the constitutional provision any
thing more than a direction to the General As
sembly to be carried out by it in appropriate
Legislation.
The third section of an act entitled AN act in
relation to applying certain funds therein ma AIMED
to the payment of the public debt" approved
January Is, 1852, is as follows: That all the
revenues derived from the sale of any OF the pub
lie works belonging to the State, and the net an
nual income thereof. and any surplus that may
remain in the treasury derived from taxation for
general purposes, after paying the ordinary ex
peDses of government and interest on the State
stocks, other than the original bonds not surren-
dered, and the State bank bonds, be applied to-
wards paving the principal of the State debt. as
hereinafter provided." Il G.. * H. 5O3.)
1t was upon this section the point was made.
His Excellencv's explanation does not strength
en- his position. The money in the treasury j:
first to be applied to paying the ordinary ex-
penses of the Government; next TO the interes; or
the State stocks, and the remainder to the princi-
pal of the State debt.
The section fixes 10 certain amount as set apart
TO defray the ordinary expenses of the State Gov
eminent, so as to show what, if any, surplus j:
LETT in the Stale treasury to be applied to the in
teresi and principal of the State debt.
His Excellency SAYS: 1.-The amount required
for the ordinary expenses of the State Govern
ment cannot be ascertaired except by Legislation
from time t. time" He knows that the las
Legislature did not pass the usual appropriation
bills, consequently it is impossible to tell how
much money would have been appropriated b,
the General Assembly, and what, if any. surplu.
would have been left in the treasury.
His Excellency may suppose that there Womb
have been a surplus if the ordinary appropria
ton bulls had been passed, but as they were no
passed, the law does not leave the question of th'
surplus to depend upon His Excellency's suppo
sitions.
If there is no way to ascertain the amount re
ouired for the ordinary expenses of the Stat
Government, in consequence of the failure of th'
appropriations, how is it that the Auditor ant
Treasurer of State can determine that the sur
plus contemplated by this section exists?
His Excellency's definition Of the word appro
priation was manufactured with particular refer
ence to the 18th section of the Treasury bill. &
G.. & H, 65O.) which is as follows:
"Atsome convenient period, prior to the fallin;
due OF. the interest ON the foreign debt of tn
State, payable at New York, the Treasurer shall
without making any discrimination, draw on tn
bank notes in the Treasury an amount of speci
sufficient To pay said interest, which he shall
transmit to New York by express, or otherwise
as may be deemed most sale; but any bank o
banks on whose notes specie is thus demanded
NAV redeem such notes to the extent of such div
idends. By draft on New York, payable ffteel
DAYS preceding the day of payment of said in
.erest, and without any premium OF exchange
md riuinr amnla security 10 the Treasurer 70