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


ton appropriation.
But the pledge % the faith Of the state that
revenues shall be provided in future and applied
to the discharge OF given claims against
State. does not authorize the officers
of State. without further legislative direc.
ton to apply the general fund in the treas
ury 10 the payment - those claims /, Il not
an appropriation Of the money in the general
fund We think there can be no mistake a. 20
the correctness of this proposition IL Il i not
true then we are certainly thrown back upon that
very official discretion which England abrogated
nj the revolution OF l6-c. and which ia was the
design Of our Constitution 10 abrogate here,
Such pledges ere solemn obligations upon the
people and Legislature Of a State. but they are
not legislative directions to the officers. tempo
rariy in position. to pay out the given funds
without further appropriation nv The Legislature.
Such pledges. 10 the language Of Chief Justice
L9wrie. in Sunburry 4 Co. ". Cooper. arc Ito
be enforced by means Of The moral sense Of the
community operating upon the Legislature. and
by means Of the moral sense Of the civilized
world operating upon both the people and the
which all States are snbiect Am l.. Reg.
l5s. 9 Penn. State REQ. 27s
In exact accord with this decision l..
dcrstand ". the case Of Clendenin vs. Frazier.
Ind $50
The act upon which that decision was made, is
found in the general laws Of the State for 1913,
at page 81.
Tha, all the Constitutional and statutory pro
visions except one. reei upon in this case as
appropriations for the payment Of interest on the
public debt ere hat State pledges j. most sstisfae
torily shown In the opinion by Judge Hanna in
the case ef The State, &c. VS.. Ristne. at this
term. and criticism. &c. upon those sections need
not be repeated here
IL i freely admitted Il l. beyond cavil that
an obligation Is created. by such pledges on the
part Of the state. 10 make an appropriation !:
but. in the language Of judge Johnson In the
great case of Newell vs. The People Selden
/ IN. Y Rep 2. on page l0i. An appropriation
is always necessary 20 effect actual payment.
though the obligation j. complete without the
appropriation as with II -
Thus. the United States has. from time to
time Nv the course of her history. entered into
treaty with foreign nations whereby she has en-.
gagged most soemnly Ia pav specified sums Of
money n fxad times which treaties, the consti.
tuition of the United States declares were Tho
supreme law Of the land = Art q. Sec 2 y
and vet no instance u within our recollection
where il has been contcnici Tor = moment that
executive or administrative officers could pay
those exactly specified sums. thus due aud on
the nayment If which the peace ~ the nation
might dcncnd without further appropriation by
Congress of the money. unless Il had been thus
sometimes been the case We citc "a m CT.
ample. the treaty with Mexico. concluded Fes
ruary d. lsiS. Acts of Congress. 1913. ..
oG0): ani the appropriations FOR it, execution I:
Acts of Congress, isi9. p. ~. Sec l. Benton's
| Deb n 625
We executed. above. ono provision Of the stat
ute not being state hedge. IL u the 10Th
sec of the net OF 1889. which acl iseniitled IAN
act 20 provide n treasury system for the State of
tl,a ~, MI
disbnrsing the public MONEYS Of the State. and
for the safe keeping OF the public moneys" O..
II p. 6i5.
We have ALREADY conied the section above, but
we here set ia forth again. IL j. thss
cat some convenient period. priorto the falling
due OF the interest on the foreign debt OF the
State payable ai New York. the Treasurer shall.
without making any discrimination. draw on the
bank notes In the Treasury amount of specie
sufficient 10 pay said interest. which he shall
transmit TO New York by express, or otherwise.
| rs may be deemed most safe: but Mt any bank or
banks on whose notes specie Is thus demanded.
may redeem such notes 10 the extent of such div
idends. bv draft on New York. payable fifteen
DAYS preceding the day Of payment Of said inter
est and without any premium Of exchange. and
giving ample security to the Treasurer for the
prompt payment thereof
Tn title of the net Of which this section forms
part. says nothing about appropriations; and
the section contains no direction ~ Ia whom the
money Is 20 he sent: even; nor what shall be done
with IL after reaches the city, but IL does direct
the Treasurer very particularly how and when he
shall transfer money to New York. the kind OF
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 10
manner. &c. where previous appropriation and
warrant authorize him 10 make a transfer, that
further calculation is unnecessary: but as so much
stress is laid upon the section, we add q remark
touching il. 10 what has been said IL is not n
direction addressed to the two officers the Auditor
and Treasurer who must concur in paying n debt
but To the I easurer alone who cannot perform the
act required of him without n previous warrant
and IL directs him in the discharge Of bis separate
duties after warrant from the Auditor has been
furnished him, which warrant cannot issue ill
after an Appropriation has been made The
section enacted under the title prescrib
ing the manner of keeping and transferring
money Perhaps the appropriation Of money
10 he transferred might be properly con
necied with the subject of the title rs 10 render
valid nh appropriation section in the act, had one
been placed in it. This would not decide
The question l.. did the Legislature intend that
that section should cOnsiructvelv include nm an.
rropriationf As ono means of answering this
question Let ns suppose that in the act of which
that section forms part. prescribing the manner
OF transferring money Ia New York the Iegis
lature had added. Immediately following section
l6 as follows:
Sec IL And the sum Of $500 900 is hereby
Appropriated TO pav the interest on the public
debt for the year 1889. To- he transmitted &c. in
the mode prescribed T., law +"
Would anvil body then have contendei that section
10, also. contained an appropriation of The - me
sum OF moheyf 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 IT, the Legislature
enacted another separate section under the proper
title. making the appropriation. This was the
clearest kind OF cotemperaneous exposition. See
the opinions OF Judge Hanna. before. Now IL
section 10 was not m 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 IAN act in
relation toapplyng certain funds therein named TO
thepayment ofthe public debt" approved January
II. 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 iaxation for general pur-
poses, after paying the ordinary expenses Of Gov
eminent and interest the State stocks, other
than The original bonds not surrendered. and the
State Bank bonds. 5e applied towards paying the
principal IF the State debt as hereinafter provi-
ded T" q. G. 4 II p. 5O3) Re enacted. (Acts
1861. p. los
This section processes 70 dispose Of any sur