Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-04-08


tcie 10. 4 G. a II So that "All the revenues,
defivel from tho sale 81 any OF public works
be.aeains 10 the State aud rom Tie net annual
iucons. thereof. and any surplus th-t may "a any
tine ren, ,u in the Treasury. deriyed from taxa
ton far general State purposes. after tic pay
ment IF The ordinary expenses Of the Govern
ment. and Of tie interest 90 the bonds % the
State. other than the Bank bonds. shall be an
nualy applied. under The direction Of the General
Assembly. IN the payncr, Of the principal of the
public debt"
It's si.o provided nv section five of the same
section. that no law shall. authorize any debt 10
be contracted on behalf ~ the Stste. except in
certai,. specified cases. among which j. found to
pay the interest on tie State debt. Not~ith-
standing these prosisions. the convention realiz
ing the importance Of preventing the disbur-e
meut Of public money upon any other authority
than th,t OF the General Assembly. provided IN
section three of the same article that, No mon
ey shall be drawn from the Treasury. but in pur
suance of appropriations made by law" The
whole question, therefore, resolves itself into
this. is there any appropriation made by the Gen
eraI Assembly. authorizing the payment of the
interest on the funded debtf
After careful examination Of the various
statutes bearing upon the subject a greater
less degree, have arrived at the conclusion that
there is 10 authority for it, payment. will call
your attention TO the statutes referred to, and
such other matter as deem pertinent TO the sub
ject.
The word appropriation. used in the Consti
tuition. suppose 20 mean, an act OF the General
Assembly setting aside money TO be applied to a
definite purpose, with authority TO take IL from
the Treasury for application TO that purpose.
do not suppose il necessary that any set form
of phraseology should be used. or that there
should he 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 appro
pration 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. p. l75.) held that: "The stat
utes on the subject of swamp lands. Il G.. II :.
p. 597. d seq , make full appropriation of the
swamp land fund To the pa, ment 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 proper
case. upon those funds"
The act in question creates a Swamp Land
Fund provides for system of labor and con
tracing, and authorizes the Auditor of State,
upon the presentation To him OF certificate
showing the labor performed by 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 appl wing certain funds therein
named 20 the payment of the public debt, ap
proved January IL. 1852 i as follows: THAT all
the revenue. derived from the sale of any of the
public works belonging TO the State. aud the net
annual income thereof and any surplus that may
remain in the Treasury derived from tn xatIon 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.. u 500
This section does not profess tn 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 Ia
make any appropriation for either of those purpo
ses IL Is not necessary that ! should consider
the eflec. of this act upon the surplus 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 il
bears the subject before me.
Ii is sufficient TO dispose of this section. that il
does not profess to make an appropriation to pay
interest. It will be. however, further noticed
that whatever surplus is disposed of, il after the
payment OF the expenses of the State Government
and the interest on the State stocks.
If it is assumed that this is appropriation of
money TO pay interest, il necessarily follows that
it is also appropriation to pay all the necessary
expenses of the State Government, and renders il
unnecessary that there should erer be an appropri
ton bill passed bv the General Assembly. rs 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 p. 1882
Is ~ follows: The Governor, Auditor and Treas
urer of State hereby authorized to procure "A
temporary loan of money, sufficient in amount 10
meet the deficiency in the Treasury. should any
such occur. To pay the semi annual dividends OF
interest on the State debt. G. and II 35S
This section makes no appropriation, but sim
ply provides for deficiency in the State 1reasu-
nv; and as no money can he taken from the
Treasury without appropriation. it implies that
an appropriation has been made bv the Legisla
tute that there is deficiency, and provision is
made to supply it by loan.
Thus the law stood when the Legislature of
1887 adjourned without making any appropriation
To pay the interest on The State debt
Gov. Willard feeling that it was matter OF
bondhoders should he complied with by the State
united with the Treasurer and Auditor of State
in procuring a loan, With which he paid the inter
the State debt aud carried on the State
aSviums.
Ii Is matter of history that during the politi
cal campaign of 1885 this action of Gov vii
lard vas denounced by the party politically op
posed To him. as unauthorized by law and as a
dangerous exercise Of executive authority that II
was 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
troled discretion of the Governor.
When the General Assembly elected in
ls5S were called together by the Govern
or in special session. he in his message
called their attention to this subject make
the following extract from the message: "Al
though that Legislature (ihe Legislature of 1857
failed To appropriate the means which were then
in the Treasury 20 sustain the interests for which
they had been raised, the Administrative and Ea-
ecutive officers Of the State believed that su. 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 il was their i'm
perative duty to apply the money in their posses
sion to the purposes Tor which it collected
From that adjournment of the Legislature
those officers have endelvoreJ To sustain every
Interest of Indiana as provided for by her Con
sttuiion and her laws
They found that the laws of the State PRO
vided that the Auditor. Treasurer and Governor