Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-04-13

tuition. ! suppose to mean, an act Of the General
Assembly setting aside money to be applied to
definite purpose, with authority to take II from
the Treasury for application 70 that purpose
do not suppose il necessary that any set form
of phraseology 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 oil State
that the General Assembly has made the appro-
priation authorizing the payment OF the money
sought to be taken from the State Treasury.
The Supreme Court, in the case of LANCE VS..
Slower. (l9 Ind, D. 175,) held that: The stat
utes on the subject of swamp lands, Il G.. 4 a.,
D. 597. ct seq } make full appropriation OF the
swamp land fund to the pay men Of the legiti-
mate claims against that fund. and no further
appropriation is necessary TO authorize The Aud
itor of State to draw his warrant in a proper
case, upon those funds"
The act in question creates a Swamp Land
/ Fund. provides for n system Of labor and con
tracing, and authorizes the Auditor Of State,
upon the presentation to him OF a certificate
showing the labor performed by 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 third section of an act entitled "An act
in relation to applying certain funds therein
named to the payment of The public debt, ap
proved January IL. 1852, is as follows: "That all
the revenues derived from the sale of any of the
public works belonging to the State, and the net
annual income thereof; and any surplus that may
remain in the Treasury derived from taxation for
general purposes, after paying the ordinary ex-
penses 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., p. 503)
This section does not profess to dispose of any
thing until after The payment of "the ordinary
expenses of the State Government and the inter
est on the State stocks" and does not profess TO
make any appropriation tor either of those purpo-
SEES. 1t is not necessary that / should consider
the effect of this act upon the supplies in the
Treasury, after the payment of the expenses of
the Government and the interest on the State
stocks. propose considering 1t so far only as it
bears on the subject before me.
1t is sufficient to dispose of this section, that it
does not profess to make an appropriation to pay
interest. 1t will be. however, further noticed
that whatever surplus is disposed of, is after the
payment OF the expenses OF the State Government
and the interest on the State stocks.
If it is assumed that this is an appropriation of
money TO pay interest, it necessarily follows that
it is also an appropriation to pay all the necessary
expenses of the State Government, and renders it
unnecessary that there should eUer be an appropri-
ton bill passed by the General Assembly, as the
Auditor of State can upon this standing appropri-.
alton audit all the necessary expenses of the
State Government and issue his warrant for the
amount.
This is more than any one would claim, and is
the necessar- consequence of the assumption that
this section appropriates money to pay the inter
est on the State debt.
Section five of an act entitled can act prescribing
the duties of Governor, ap ,roved May 81, 1852,
is as follows: The Governor, Auditor and Treas
urer of State are hereby authorized to procure a
temporary loan of money, sufficient in amount TO
meet the deficiency in the Treasury. should any
such occur, to pay the semi annual dividends of
interest on the State debt. RI G.. and H 1851
This section makes no appropriation, but SIM
ply provides for a deficiency in the State 1reasu-
~; and as no money can be taken from the
Treasury without an appropriation it implies that
an appropriation has been made by the Legisla
ture, that there is a deficiency, and provision is
made to supply il by a loan.
Thus the law stood when the Legislature of
1857 adjourned without making any appropriation
to pay the interest on The State debt.
Gov. Willard. feeling that it was a matter of
the first Importance, that the contract with the
bondholders should be complied with by the State,
united with the Treasurer and Auditor of State
in procuring a loan, with which he paid the inter-
est on the State debt and carried on the State
asylums.
1t is a matter Of history that during the politi
cal campaign of 1858. this action of Gov. Will
lard was denounced by the party politically Op-
posed to him, as unauthorized by law, and as a
dangerous exercise of executive authority; that il
was a usurpation upon the plea of necessity that
broke down the barrier the Constitution had
erected AROUND the State Treasury and placed the
money and credit of the State within the uncon
trolled discretion of the Governor.
When tho General Assembly olactad IN
1858 were called together by the Govern
or 10 special session, he in his message
called their attention to this subject. ! make
the following extract from the message:
though that Legislature 1.-THE Legislature Of 1850
failed to appropriate the means which were then
in the Treasury to sustain the interests for which
they had been raised, the Administrative and Ex-
ecutive officers of the State believed that SUI was
the regard that the people of Indiana had for the
Government they had established, such their
anxiety for the maintenance of their Constitution
and the support of their laws, that it was their i'm
perative duty to apply the money in their posses
sion to the purposes for which il was collected
From that adjournment Of the Legislature,
those officers have endeavored to sustain every
interest of Indiana as provided for by her Con-
s~titution and her laws.
"They found that the laws of the State pro-
vided that the Auditor, Treasurer and Governor
were authorized to procure money to pay the in
terest on the public debt. Believing that the
welfare of the State would be promoted by paying
such interest. a loan was negotiated on the 22d
of June, 1855, with the Board of Commissioner
of the Sinking Fund for one hundred and sixty
five thousand dollars, which was applied to the
payment of such interest.
"After the State has undertaken to pay all the
interest and principal of her debt, her sovereign
integrity demands that her obligations should be
redeemed.
"SecIion ! of article Q If the Constitution de-
clares that at shall be the duty OF the General
Assembly to provide bv law for the support of
the Institutions for the education Of the Deaf and
Dumb, and of TIE Blind, and also for the treat
ment of the Insane
mo appropriation was made by the Legisla-
ture to sustain those institutions, but tile money
was in the treasury-the clear provision of the
Constitution that those institutions should be sup
ported. the officers of State thought should he
maintained and executed. and accordingly they
applied tie funds in their possession to that pur-
pose"
/ make this extract to show:
LIST. That Governor Willard deemed il neces-
sary to viudirate himself from the assaults that
had been made upon him during the campaign.
Cd, Tit in his vindication he did not pretend
that there existed an appropriation bill under
which the money could be legally paid. AMI that
his defence was placed wholly upon the grounds
that il was necessary To maintain the honor of
the State. and execute obligations imposed upon
the Legislature by the Constitution.
The Legislature of 1858, acting upon the same
idea, made provision for the payment of the in
| fnrocf d,o a, fha 6-,t lar of Ia,uarv lSSQ and