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


aud IN conformity 90 appropriations made by law 4
a the moneys paid into the Treasures Office
are charged 10 each respective fund 70 which they /
belong in the Auditors Office. the warrants
drawn by the Auditor. in favor Of any person 10
on any one Of these funds are duly registered,
and therefore the Auditor can see NJ any time
whether any balance remains IN the Treasurer
hands OF any particular fund. 10 be yet disbursed
such "a the saline fund, the bank tax fund, the
University fund the general fund. &c.
Whatever may have been the general reason,
affecting perhaps. the structure of the Govern
ment hself. We suppose the immediate reason the
Auditor was prohibited from drawing warrants
for sums in fact due. but. in Instance where
there wa no money provided 10 pay the same,
grew out o. q desire 10 prevent such warrants
from accommodating or being thrown upon the
market. aud thereby. perhaps. depreciating the
credit OF the STATE. All men had witnessed the
depreciation, in many counties of the State oil
county orders thus issued without this salntary
restriction. For. in substance. county order !
a warrant drawn by the County Auditor upon the
Treasurer: and the depreciation OF such orders
very much embarrassed the finances oil many
counties.
II IL plain that noao whether n usage to the
CONTRARY ever existed or not, the Legislative ana
Administrative Interpretation of our Consitu
ton and laws prohibits the withdrawal OF any
money from the Treasury. placed there ri the en'
pense. or through the credit, of the people, with.
out an appropriation having been first made, ana
n warrant drawn by the Auditor.
The whole controversy resolves itself into the
smpe question, Of whether thare are existing
laws making appropriations for the payment OF
such interest Such laws only be created ey
the Legislative department. They cannot, ex
clusively, grow out OF any usage prevailing III
either Of the other departments. Perhaps long
established usage NAV he shown to demonstrate
the sense IN which law. previously enacted was
understood by those having the httest opportuni
ty of knowing Smiths Com on Const Con
structon n 3iS But upon this point II - SAID,
THAT contemporary construction IL properly re
sorted 10. To illustrate and confirm The text, 10
explain doubtful phrase. or tn exround m CD
scure clause and ian proportion To the uniformity
/ of that construction. and the known ability ana
talents 0f those by whom Il u gwen, is the credit
to which IL il entitled. IL can never abroghte the
text II can never narrow down it, true meaning,
II can nerer ENLARGE ns natural boundaries. +"
story ON the Const With these landmarks as
guides let IA look to the acts which IL is claimed
appropriate the money to pny said interest aud
authorize the ministerial officers To withdraw IL
from the Treasury for that purpose
/. isa section OF the act of January ~. 1916
as fellows:
SIC : The interest on the stock hereby ere
atcd. shall bc payable half yearly, at the City Of
New York, on the rstdayso of January aud July
| of each wear: commencing on the first day of
| July 1871 But IL the interest for any half year
| shall not be demanded before the expiration
of thirteen months from the time the same be
came due. u shall only be domandable afterwards
Mt the Treasury of the State: and for the payment
of the interest aud the redemption OF the principal
"A herein provided the faith of the State il hereby
solemnly pledged"
H. IL the latter part Of the 18th section of the
act of the 9th Of January. lsi1, ~ follows
Be AZ further enacted, That all stock To be
created. and all certificates and other instru
ments OF title 10 be issued IN pursuance OF the
sail act. md all principal. moneys and interest
thereby respectively secured, shall not be modest
Ell or inquired. arrested or attached by the State
of Indiana"
I'll These two clauses of the acts named, il IL
said. sufficient authority. and regarded M
such. by those whose duty il was TO guard the
funds of the State. upon which 70 pay said inter
est; until the adoption of the new Constitution,
which contained the following:
SEC >. AIR. Y. All the revenues derived from
the sale of any of the public works belonging to
the State, and from the net annual income there
Of and any surplus that may at any time remain
in the Treasury derived from Ia xation for general
State purposes. after the payment of the ordinary
expenses OF the Government and OF the interest
on bonds of the State other than bank bonds,
shall be annually applied, under the direction of
the General Assembly TO the payment of the
principal of the public debt"
IL Is claimed that this section implicitly appro
PIRATES the funds in the treasury derived from
taxation for general State purposes, after the pay
ment of the ordinary expenses of the Govern
meni; first To the payment Of this interest, and.
secondly, to the payment of the principal
~ Is the 10th section of the act of 1899 20
follows:
AT some convenient period, prior to the f,Ilii
due of the interest the foreign debt of the
State. payable Mt New York. the Treasurer shall.
without making any discrimination, draw on the
bank notes in the Treasury an amount of specie
sufficient to pay said interest, which he shall trans
init 10 Newly DIRK by express otherwise, as may be
deemed most safe; but any bank or banks on
whose notes specie is thus demanded. may re-
deem such notes 10 the extent OF such dividends,
by draft on New York. payable fifteen days pre-
ceiling the day of ptyment Of said interest. and
without any premium of exchange, and giving
rmnle security to the Treasurer for the prompt
ptyment thereof
Can we say. in view of these provisions OF law
quotei-both fundamental and statute in view
of the usage that maintained hereunder, in view
OF the acts Of 1889 and 1861, and of the causes
that produced the same and of the change of
usage thereafter. TINT appropriations for the pay
ment OF interest have been made by lawl II We
cannot. then it would follow that the withdrawal
W N"S Hi'HtN U'Nf tue iFtNhtNt ShOH Vul
pose would subject the officer. acting in that be
nall, To the penalties prescribed 10y the embezzle
ment law of lSGl
Certainly the faith of the State was pledged for
the piyment of the interest and. ultimately, OF
the prlncpll of the funded debt by The acts OF
i-io ani 1871, but there continuing ap-
preparation therein. that such good faith might
be maintained?
IL IS clear that under the prcsen, constitution.
and. perhaps a fully under that which preceded
II. the power To raise revenue and To control the
disposition thereof after il il raised i vested I'm
the Legislative branch of the Government We
can not say but what there might toe causes of
very great moment. which might he considered
by such branch OF the Government of such over
ruling Importance to justify the Temporary stls
pension OF the collection OF any considerable
amount of taxes This might be produced by
Widespread and general famine or other calamity
Therefore. that department might desire TO con
troll the disposition of the funds in the Treasury
M direction other than towards the payment o;
interest en- the public debt. Ii the argument that
the acts OF $50 aud leI7 should he construed as
an appropriation. is given the full force claimed.
II would 90 20 the length of minimizing that
such continuing appropriation became part of
the contract. or settlement with the bond holders
and not subject to the future control of the legs
laturc. except a involving breach of such con
tact upon the part OF the State.
We are Of the opinion that there was not. in the
acts ct 1916 and lctI. an appropriation of funds
necessary for the payment of the interest that