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

The Sapreme Court estefday evening filed its
opinions with the clerk upon the interest question
or the right OF the Auditor of State to issue his
warrants upon the Treasury for the payment Of
debts due bv the State without appropriations fret
having been made by the Legislature in pursuance
Of Law. Two cases were submitted 10 the Court:
one was appeal from the decision of Judge
Finch, Of this Circuit, that the Auditor should
issue his warrant for the payment of the
interest upon the public debt due on the
first of July next. and the other an
the same Court. that the Auditor had no
legal authority for issuing hrs warrant for the
payment Of that Indebtedness. The Suprs me
Court affirmed the latter opinion of the Court be
low, ihit the Auditor and Treasurer of State had
no authority for the payment of the interest M
on IN public debt without appropriation hav-
Ing first been made by the Legislature specifcal
~ for that purpose The question was folly
argued before the Court by eminent counsel AMI
the argument OF His Excelency. o j. MoRroy,
elaborated with the greatest care. in favor OF the
payment OF the interest bv the State officers. re
s,rie~s Of specific appropriations. incorpo
ried in the brief Of the ATTORNEYS upon that side
of the question, who urged the payment of the
interest upon the ground that the laws compro
missing the State Indebtedness with her creditors
was in effect continuous appropriation.
The issue has beer decided by the highest judi
cial tribunal in the State that there is 10 authority
for the payment of the interest upon the public
III. IL n
popriation therefor. This is the law an the rem
edy i. plain. The Governor is authorized by the
Constitution to assemble the Legislature in spe
cial session whenever the public interests de
mands it As a good citizen he will undoubtedly
yield his individual opinions upon this question.
and submit 10 the determination OF the court
The is plain. He not mistake mis-
re>resent his duty The credit, the honor. the
rocd faith Of the S'ate Is involved IL not ONLY
the next July ,,erest which has 10 be pro-
,ided for, but three other semi annual pay
ment before the assembling of the Leg
islature in regular session. There are
other questions also which require the action OF
the General Assembly. and which would JUST "
him in convening il in special session. There il
ample time 10 call the Legislature together and
provide for the payment Of the interest due on
lst of July next The responsibility is now with
the Governor for any dishonor, or Inconvenience
which may fall upon the State for not promptly
meeting her obligations and redeeming her plight
ed faith. II he fails 70 assemble the Legislature
to provide for the exigeney. he will be withou,
excuse, and such win be the popular verdict.
II "a fepnrted tlsif the Governor intend to
rely upon loans from the counties 10 meet the
ooIigaton> OF ne STE The counties have no
right whatever e md such loans Assessments
for such purpose could not be collected This
question was decided by the Supreme Court. sew
eral years ago And why the necessity Of resort
ing TO such IN expeiient when there is a remedy
for the emergency. entirely within the control oil
the Goverporl None whatever.
We viii publish the opinion of the Court in full
to