The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1863-06-19
From the indianapoiis Journal.
The lmserese Q uessiOm.

Permit me 10 caH your attention to what
l regard as the isliscy OF the argument of
Judge Perkins in the case OF Ristine. Audi.
tor rs State Of Indiana. Ex. rel. Board OF
Commissioners. &c. upon which argument
the decision in that case is founded. Ii is
assumed. lst That The interss, on the
Stat- debt cannot be paid Without an ap-
propr alton; I'd: That tnoappropriatiou no has
been made.
will not argue the position assumed,
that because the Constitution provides by
article 10. section 2i: That all the reve.
nues OF the State, after paying State ex.
penses ard interest on public deA. "shall
be annually applied under the direction of
the General Assembly to the paymert OF the
principal OF the public debt" that therefore
there must be an annual appyopriaf fion-
The requirement that the officers shall make
annusl payments. does no, require that the
Legislature shall make annual .ppropria-
tions. Bat as this part Of the section only
refers TO the application Of the sxrplxs. after
payment of State expenses and interest on
State debt, it cannot be OF any importance
to determine its meaning in deciding this
question. The interest on the State Bonds
must be first paid. before it is necessary TO
decide as TO the annual payment of the sur
! plus on the principal Of the public debt
/ Admitting, then, the first pror Dsition, that
an appropriation is required. we will inq ure
whether or not one has been made.
! What is an appropriation? The Legisla-
ture has instruc ed the Courts what rules to
adopt IN determining the meaning Of words
(see lst vol. Revised Statutes. 1889. page
339) a Words and phrases shall be taken in
their plais or ordinary and usual sense
Let US see what the plain or ordinary and
usual" meaning OF appropriation is. Web.
ster says Is Assigning to particular use in
exclusion OF all o,hers'' Section 81. arii-
Gle 10. of the Constitution. is as follows:
All The revenues derived from the sale
of any of the public works belonging to the
State. and from the net annual inc 1me
thereof. and any surplus that may. At any
time. remain in the Treasury. derived from
taxation for general state purposes. after
the payment # the ordinary expenses of the
Gpvernme mt. and OF the interest on the
bonds o. the State, other than bank bonds.
shall be annually applied. under the direc-
ton OF the g neral Assembly. to the pay.
ment OF the principal OF the public debt"
Now insist that this section of the Con-
stitution of this State appropriates the mon
ey IN the S'afe Treasury derived from the
sources therein named: lst, To payment of
expenses therein named. I'd, To payment
OF interest upon bonds Of the State. 81,
The surplus 10 payment OF principal of State
debt annually under the direction of the
General Assembly. But Judge Perkins
| says, if this be true. that interest can be
paid unri after the Treasurer OF State has
funds Sufficient in the s ate Treasury to pay
State Government expenses. Take this as
true. Now what are the ordinary ex-
penses of the Government" The annual
salaries OF the Executive. Judiciol. and il
fixed by a ge iersl law. Legislative depart.
ments of the State Government. The
members Of the Supreme Court have deter
mined this. and that they should be paid
without any other appropriation. by draw
ing the salary afe giving this decisinn.-
This is true Of some. if not all the Judges
Add to these salaries, any and all other
expenses Of the Safe Government that have
been allowed, as there have been by the
General Assembly, and You have the ord-
nary expenses OF the Government Any
expenses Of Government authorized or
adopted by the General Assembly. becomes
a charge on the Treasury. II the Legisla-
ture have authorized none except the sala.
ries Of off ;ers. then the expenses are very
light. and the State Tr, asurer has simply to
find the amount and reserve a sum to pay
them. 1t then becomes his duty to pay
"the interest on the bonds of the State
and that duty he cannot be discha, ged from
BY any State law, nor by legislation or the
Supreme Court, because that duty is impos
ed by the Constitution. The Sd duty he
cannot discharge. because that payment Of
the principal of the debt. and that alone.
must be made annually under the direction
Of the General Assembly.
The responsibility of paying the in,eres,
on the bonds of the State and saving the
honor OF the State. rests with the State
Treasurer. But if am in error. and il the
interest cannot be paid without an appro-
priation by the Legislature. and if no ap-
preparation has been made. as believe it
has been By oher laws, then the response.
bility rests upon those members OF the
General Assembly " no refu ed to make the
proper appropriation. beca.ss they were no.
FIRST permitted 10 viola the G institution by
passing the Military Bill and other illegal
acts, and they can not throw the response
biiity upon The Governor, because he can
call them together in extra session If he be-
lieves The public welfare demands it. This
authority was plainly intended n guard
against emergencies arising after the regular
legislative session. Ii The Governor was
required to call them together whenever
,h-y wiifully neglected to do their duty at
the proper time. they could extend their
sessions at their own pleasure. This the
Consfltu ion does not intend. for il 6xes the
limit of their session. They have their
regular session. and il 10 their duty to pass
then all Necessary laws. and if they wilfully
refuse to do so, they assume she responsi-
oility. and the Governor has no right to
impose on the State the expense Of Al extra
session Of the legislature because they vii
fully neglect to do their duty At the psopsr
time. A.
A NARROW EscaPx-Orangs or lemon