Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-06-08


Of men vho formed that Constitution hsd intend
81 TO make binding appropriation, for Years TO
come. they would have approached the work On
recty and would not have thrown il in rs a mere
incident 20 another matter
Wee now 90 consider the fourth point that
Is the sixteenth section of the act Of 1889 which.
il Is insisted, operates as an appropriation. We
may say generally thatit cannot escape the most
casual observation that the act does not profess
20 be an appropriation act nor is there any Ian
guage employed in this particular section that we
usually find In appropriation bills. We are asked
20 infer that an appropriation was intended be
cause certain other things were directed TO be
done by the Treasurer of State; First. the time
was fxei that he was to do two acts. namely, 0b
tain from the banks specie on notes in the Treas
ury, and transmit il to New York; Secondly
the manner in which he shall perform this duty
is prescribed, namely. without Discriminate"
he il 20 draw upon said banks for the payment Of
specie on said notes This is strictly in accord
with the section Immediately preceding H..
which directs the Treasurer. IN making disburse
ments. TO paw out bank notes in the order of time
in which they shall be received, making no dis
crmnation in favor of any banks. &c. Why
this nsertedI because, as Is well known. as
a part of the history Of the times there had been
informal charges circulated whether true or false
we know not, that certain persons who had. be
had. by virtue Of their position. very much IA
vored certain moneyed Institutions in the State.
This was the direction "a 10 the manner in which
he should obtain the necessary amount OF specie
that he WIS forbidden to run upon one bank and
lock M the circulation of another When he had
thus obtained the funds he was TO transmit the
same 20 New York by express or other safe
mode but no person or officer is named 10
whom he Is 10 send IL. nor il il directly said
e s1..lf 10. 49,
lie debt Third-The next part of the section :
clearly for the benefit Of the banks, that Is. when
the demand is made upon them. on the notes Ia
the Treasury. they may furnish drafts on New
York instead of the specie. upon the terms named
in said section Taking these two ecti0ns. the
fifteenth and sixtceth. together. and ii pretty
clearly appears that the general interest, rs well
the rival interests. OF hunks was being looked
to in the enactment Of said sections. about as
much as the formation of treasury system.
Viewing these two sections in this light, and il is
clear 10 rs that they were intended merely as III.
rectory 10 the Treasurer MS To the mode or man.
ner in which he should discharge his duty. when
an appropriation might be made; therefore, we will
examine the whole act to see whether a more ex
tended construction ought % be placed upon the
language employed and such Interpretation placed
thereon rs will make IL an act providing for con.
tinung appropriations. This Il made necessary
Il that no appropriation existed II Il clearly
reh, IN the Interpretation of any particular part
OF statute. TO look to the whole context, to the
preamble. il there Ia one. 20 the title and 10 the
circumstances which called forth the enactment
We have already quoted portions of the Ith and
sth sections. prohibiting the Auditor from
drawing n warrant and the Treasurer from
paying or transferring the moneys in the Treas
ury. except by virtue of appropriations made
Nevertheless, II by this sixtecth section. legal
apprO ration was made or by any other vail
law. the duty of the Auditor under said eighth
section would be TO draw the proper warrant, &c
Can we say, looking 10 the whole act TINT The
law makers intended. by the obscure unsatistac
tory language used in said sixteenth section, "a
breathe into being SO important a law as that by
which. every haf year. over hundred and
fifty thousand dollars OF the taxes collected from
their constituents was To be transferred AMI paid
without the limits Of the State. Then let ns look
with care 10 the whole net.
The Constitution of Indiana. article four. sec
ton nineteen, provides that every act shall EN-
brace hut one subject and matters properly con
nected herewith which subject shall be expressed
in the title " We should assume. in every in
stance, that legislation was had with reference "a
this section and therefore, To find the subject ol
an enactment We should examining the title 10 such
act Here the title Ia can act a. provide n
manner of receiving. holding and disbursing the
public MONEYS of the State and for the SAT,
keeping of the public moneys"
WHAT'S the leading idea here-the subject on
which legislative wisdom was being brought "a
bear Ii Is the establishment of n Treasury sys
tem--incidental 10 this leading idea are the mi
nor Details first Of the manner in which money
can get into said Treasury namely. upon the Ger
tificate and draft Of the Auditor in favor of the
IT q hold
said money. the Treasurer is expressly prohibited
from loanng. using or permitting any other per.
son TO use, deposit. or exchange said money
but is To keep il i'm the place provided, Ne,
section 5 Third. as 10 the mode OF cisburs
ing This we have already been considering,
and i mon warrants drawn by the AUDITOR paw
mcnis made and receipts taken by the Tire 'surer:
section s. Fourth, as to the safe keeping Of said
funds. in this is included that portion of the said
statute which provides for Treasury building
safes vaults, &c. and also the safe guard of n
heavy bond to be executed by the Treasurer for
the due discharge of the duties devolved upon
him.
Can il be believed, considering this title with
reference To the constitutional provision last
quoted, that continuing appropriation of large
sums, for an indefinite period OF time, would be
found covered IN under the term "manner of dis
bursting the public moneys?" 1t anpears To rs
that the manner provided for in this act was
upon warrants drawn. contra distinguished
from the manner which had before prevailed,
in some instances, OF removing money from the
treasury-that is dsbursing il. upon n requisition
only
The subject matter of this act and is the
establishment of a treasury system. The matters
properly connected with that subject were provid-
ng place To keep said funds and the mode in
which they should he kept, and the safeguards
10 insure the accomplishment OF that 0bect--the
mann er or mode by which money ~hould get into
the treasury. and in which il should get out OF
the s,rne. This was necessary. that the proper
checks and balances might exist between the
several persons having control and charge OF
said funds Could any appropriations thst
might be made for any purpose, and
especially for a purpose foreign 10 that of the
establishment of the Treasury stem itself, be
considered rs matter properly connected with said
subject OF legisiationg To saw the least OF II, 1t
Is NOT a question beyond doubt that such lesisla-
ton would he valid when brought about 10y the
most favorable circumstances. And certainly
where the whole enactment the result of
public Inquiry into the cts and former mode oi
transactin. business in this respect by these pub
lie officers and was a legislative condemnation
of such course, we would expect TO see legislation
left plain and without ambiguity, as to the duty
OF such officers in the future transaction OF the
same business IL. q word. that the circumstances
which begot this legislation. were such that we
believe If the law makers had intended u make
appropriations by this section, running through
an uncertain length Of time they would have ex
pressed that intention in unequivoca terms. We
ar lion. thf h. fhe hat AZ