Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-05-09

been "a ~ or on the acts OF 1915 and 1871
bv the nn'forrn action 81 the State officers. that
under them and without further appropriation
bills The interest w. raif Until the fiN 81 1885
admit that Il 81 were Il matter 81 duub;
whether the terms asei 10 The acts OF 1916 and
IslT constituted All appropriation, usage would
be entitled TO great consideration. but when 70 j.
perfectly clear that there q no language used in
those acts which can possibly be tortured into III
Appropriation. am unable to see how a pay
meni If interes, without law. no matter how
long IL i continued. can create the authority
necessarily to ts payment.
But Il i not true that the payment Of interest
was Uniformly made up TO lc5o without ap
propriation. His Exceiiency knew such 20 have
been the fact. AMI anticipate - suggestion and
tries to break It's force He SAYS
1T will be seen tha; these provisions are u
substance the same The successive Legislatures
OF ls47. IS 20 and Sd accepted tue sections
quoted from the acts OF 1916 and ~, a. an ap-
preparation to pay interest within the meaning OF
the Constitution, ard made no other except IN
three special acts 10 lo49, 1880 and 1881, an
thorizing the borrowing OF money aud directing
the money thus borrowed 10 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
that would be treating the high Office he fills
with a want OF respect but il Is evident be has
not read with sufficient care the following acts
Acts ls4-. page 20; Acts e49. page o; Acts 1880,
page 81: and Acts 1851, page 1872.
These acts authorize the borrowing OF certain
sums of money, and in terms appropriate them
to the payment of the interest the public deb;.
His Exeelency says they are not appropriation
bills but mere statement Of the purpose for
which the money was borrowed, and direction
OF the disposition that shall be made OF IL; but
that the acts of 1916 and le47. arr in effect. APP
preparation bills. Comment, think, is unneces
sary.
His ExceIlency thinks my definition OF the word
appropriation, inaccurate. Upon that subject /
said follows:
The word appropriation, as used in the Cous,
tuition, | suppose 10 mean. act Of the General
Assembly setting aside money To be applied 20 u
definite purpose. with authority to take II from
the Treasury for application TO mat purpose
DO not suppose il necessary that any set form
of phraSeolo..v should be used. that there
should be specific appropriation AT each session
OF the General Assembly; but It should clearly
appear TO the Auditor ana Treasurer Of State that
the General Assembly has made the appropria
ton authorizing the payment Of the money sought
be taken from the State Treasury,
The supreme Court. in the case OF LANCE W.
Slower 10 Ind, D. 1852 held that The stat
utes on the subject OF swamp lands. Il. q. & II f.
D. 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 APP
preparation is necessary 10 authorize the Auditor
of State To draw his warrant IN proper case, up
on those funds.
The act in question creates Swamp Land
Fund provides for "A system of labor and con
tracing and authorizes the Auditor of State,
upon the presentation 10 him of a certificate show
ing the labor performed by contractor. 10 Issue
warrant ON the Treasurer OF State Tor 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
setting aside OF money for particular purpose;
second. authority 10 take money from the Treas
ury and apply il 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 may be fixed by existing legis
ation or some system of auditing and ascertain
ting il, otherwise it will be impossible to tell how
much is to be taken from the Treasury. There
must also be direction that the amount of money
thus ascertained shall be taken from the Treasury
and applied rs directed by the Legislature.
As stated in INV 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 Excelency proceeds to define accurately.
the word appropriation. He says: IAN appro
praton may be accurately defined direction
given to pay money GU. 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 $40 and
le47: ho'v il is that promise to pay money by
the State is a Legislative direction to the State
officers to pay itg
His ExcelIency thinks section min. of article
ten of the Constitution. sufficient appropriation
To authorize the payment of the interest, and
answels m objection he SAYS made to its hav
- snat effect. that it would also be an appropr
alton for all the ordinary expenses of the State
Government. He says am Incorrect because
the ordinary expenses OF the State Government
are not liquidated and ascertained, aud can only
be ascertalned and determined from time to time
BY Legislation.
His Excellencv is mistaken. made such
point A. TO this section of the Constitution.
never supposed the constitutional provision any
thing more than direction to the General As
sembIy to be carried out by il in appropriate
Legislation.
The third section of an act entitled An act in
relation to applying certain funds therein named
to the payment of the public debt. approved
January Is. 1882 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 I'll
nual 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 >urren.
dered. and the State bank bonds. be applied to
wards paving the principal of the State debt. as
hereinafter provided." Il & 4 H.. 503)
Ii was upon this section the point was made.
His Excellency's explanation does not strength
en- his position. The money in the treasury Is
first 10 be applied to paying the ordinary ex
penses of the Government; next 10 the interest on
the State stocks and the remainder 10 the prnci-
pal of the State debt
The section fixes no certain amount set apart
to deiray the ordinary expenses of the State Gov
ernment, so as 10 show what. ii any. surplus is
lef. i'm the Stale treasury To he applied To the in
terest and principal OF the State debt
His Excellency says: The amount required
for the ordinary expense, of the State Govern
from time &C. time" He knows that the last
Legislature did not pass the usual appropriation
bills. consequently it is impossible to tell how
much money would have been appropriated by
the General Assembly, and what, If any. surplus
would have been left in the treasury.
His Exceeucy may suppose that there would
have been a surplus il the ordinary appropria.
ton bills had been passed, but they were not
passed the law does not leave the question of the
surnlus In 1lenepd uDOp His Exceleucy's sunno.