Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-06-08

funds. &c.; and it is so clearly shown in the opin
ions Of Judge Hanna. above cited. that the sec
ton reaches no further than such directions as Il
manner, &c. where = previous appropriation AMI
warrant authorize him TO make a transfer, tina
further calculation is unnecessary but as so mucI
stress Is laid upon the section, we add n remarl
touching il, to what has been said. Ii is not
direction addressed to the two officers. the Auditol
and Treasurer who must concur in paying a debt
but to the Treasurer alone, who cannot perform thu
act required OF him without a previous warrant
and it directs him in the discharge Of his separate
duties after a warrant from the Auditor has been
furnished him, which warrant cannot issue ill
after an appropriation has been made. The
section was enacted under the title prescrib
ing the manner of keeping and transferring
money. Perhaps the appropriation of none,
to be transferred might be so properly con
necied with the subject Of the title as to render
valid an appropriation section in the act, had one
been placed in it. This we need not decide
The question Is. did the Legislature intend that
that section should constructively include an ap
preparation? As one means of answering this
question. let US suppose that in the act of which
that section forms a part, prescribing the manner
Of transferring money to New York. the Legis
lAture had added. Immediately following section
l6, as follows:
Sec IL. And the sum Of 1920 900 is hereby
appropriated to pay the interest on the public
debt for the year 1883, to be transmitted, &C., in
the mode prescribed by law.
Would anybody then have commended that section
is, also, contained an appropriation of the same
sum of money? We think not. Well. Just this,
IN effect. was done by the Legislature for four
days after the passage of section is. and before
the Treasurer was TO act under il, the Legislature
enacted another separate section, under the proper
title. making the appropriation. This was the
clearest kind of cotemporaneous exposition. See
he opinions # Judge Hanna, supra. Now, il
section l6 was not an appropriation section when
the Legislature enacted it, il has not become one
since that time. We will briefly notice one other
section Of the statute:
The third section of an act entitled can act in
relation to APPLYING certain funds therein named TO
the payment ofthe public debt approved January
1s. 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 pur-
poses. after paving the ordinary expenses of Gov
eminent and in'eres; on the State stocks. other
than the original bonds not surrendered, and tie
State Bank bonds. BE applied towards paying the
principal of the State debt. as hereinafter provi-
ded q. g & H I. SOB Re enacted. (Acts
1861. p. l0s.)
'sThis section profeSses 20 dispose Of any sur
plus there is in the State Treasury after paying
the ordinary expenses Of the State government
and the interest on the State debt, but it does
not make appropriations for either Of those pur-
poses. The money in the treasury is first to be
applied to the expenses of the Government, next
to the payment of the interest ON the State debt.
and finally to the principal of the State debt.
IF this section appropriates money to pay the
interest, it is equally an appropriation to pay the
expenses of the State government. and no legis-
lation is necessary for any State expense.
eff it be answered to this. that it can not have
this effect. because the expenses of the State can
only be ascertained by legislation; the reply is
immediate and sufficient, that if the State expen
ses can not be ascertained because the Legisla
ture have passed no appropriation bill. then this
section can not be an appropriation of interest,
for it is not to be paid until after the ordinary ex-
penses of the State government. and until that is
ascertained, il can not be known, in any legal
form, whether there will remain any money in
the treasury after the ordinary expenses are paid.
"This section Clearly does not appropriate any
money upon either of the two first mentioned ob
~jects."
BY the section, if it is an appropriation. all the
moneys in the treasury are appropriated first to
the expenses Of the State government, and the
State officers are left to determine what should be
considered rs such expenses, and would be justi.
fed in paying out every dollar on State expenses,
such aS extra sessions of the Legislature, increas
ed militia expenses, ~arSenals, now ordinary OBJ
loctS OF state EXPENSES, &C. anu rs VIZ OtdIc tA-
peuses run through The whole year and no inter-
est could be p,id rill all the State expenses were
paid there could be no payment, under this section,
of the July interest. which comes before. not after
the paying of the expenses of the Government
The construction of this section contended Tor,
revives the worst habit of official discretion in
the use of the public moneys, prac,ised in the
days of the Tudors and Stuarts. The section
was never intended but to assert a principle, to
make a pledge.
If the section hid specified a fixed sun which
might be applied to the expenses of the State.
as il would have done had il been intend
Ell 10 NJ Ike an appropriation. especially from
year to se,r. tor all time. then the officers could
have known. al July. wheIher there was money
in che I reisury To meet other and later appropria-
tons for interest, &c.
An act o. Congress illu Sirates this, and fur
nishes an example of a continuing AMI future ap
propliaiion We extrarf from the act of Con
greSs prssel August A. l79l-found in | United
States Statutes at large. 1879: Section l. be it
enacted, That .reserying out Of the moneys
vh.ch have arisen since the last day Of December
last past, and which shall hereafter arise from the
duties on goods. wares AMI merchandise imported
into the Unitei States, AMI on the tonnage of
ships or vessels. the yearly sum of six hundred
thousand dollars. or so much thereof as may be
appropriated from time to time. towards the de-
Tense of the Government of the United States,
and their common defense. the residue of the said
moneys or so much thereof as may be necessary,
as the same shall be received in each year, next
after the sum reserved as aforesaid, shall be. and
is hereby appropriated to the payment Of the in
terest which shall from time TO time become due
on the loans her tofore made by the United States
in foreign countries; and also, the payment of
interest on such further loans rs may be obtained
for discharging the arrears of interest thereupon,
and the whole or any part of the principal there
of; TO continne so appropriated until the said
loans. as well those already made as those which
NAV be made in virtue OF this act. shall be fully
satisfied, pursuant TO the contracts relating to the
same. any law to the contrary Notwithstanding"
Thejudgment below is reversed, costs remand
ed. &c.
u ~ 10