Daily clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-07-03

mil that the compensation of public officer
NAV be reduced retrospeetively for they put
their decision in that case on the ground
that the intent was not manifest to give the
act of Congress retroactive erect
The conclusion we have reached on this
point is in harmony with the other consider
ations bearing upon 1t. Every State Is
bound to the strictest observance of good
faith towards the public creditor, but 1t Is
no. always that States, any more than indi-
viduals, are able at once to hquidate all their
obligations. 1t is not to be supposed that
they viii ever fail TO do whatever Justice re-
quiTes, but they must determine Tor them
selves the extent of their capacity, and the
mode of APPLYING their resources 1t Is eS-
sential to the very existence OF the State,
that the taxing power should control the ex-
penditures The Legislature must OF ne
cessity hold the key of the Treasury, and
must decide to what objects the revenue
should be devoted. Its first duty is to pro-
vide for the support of its own government,
and to apportion public burdens according
TO the condition and circumstances OF the
people. If necessary to postpone the pay
ment of any portion of the public debt, it
must determine which shall be first paid
4 In the fourth place it is eontended that
the resolution in question did not take effect
until after the Judgment in favor of the re-
lator was rendered, and therefore cannot APP
ply TO it.
The Judgment in the court below was rem
dered on the seventh day of December, 1865,
and the resolution was approved on the 25th
of October The constitution provides that
50 No laws of a general nature, unless other
wise provided for, shall be enforced until
sixty days after the passage thereof Art.
Z sec 6, Rev. Code, 80. This resolution, If
it takes effect at all, must be regarded as a
law" and as law "Of general nature"
4 u lie a433a in.
which the whole people are interested. 1t
speaks in the present tense, and so far indi-
Gates an intention that it should go in force
immediately The object it has in view
would also leadto the same conclusion. But
it is precisely % such cases that the eonsti-
tutional RESTITUTION ordinarily applies. II
expressed in tie future tense, it would con-
veY with it itsown limitation. The effect of
the clause appears to be, that laws in the
present tense. sghieh, without some such re-
striction, wonld go into effect Immediately,
by force of the general language employed,
shall not be enforced until after sixty days
from their passage, unless contrary proVl-
sion i made 1t is not necessary, however.
that tlis provision shall be made in express
affirmative words, nor that it shall be con-
tanned in the same act. 1t is sufficient if the
intention of the Legislature is clearly mani
tested IN some other manner than by the
general phraseology of the act or resolution
itself. Let us see then whether the Legisla-
ture has made any provision al. to the time
when this resolution should be enforced.
As onepart of a statute is properly called
in to help the construction of another part,
and is fly so expOunded as to support and
give effect, if possible, to the whole, so is the
comparison of one law with other laws made
by the same legislator, or upon the same sub
ect, or relating expressly to the same point,
enioined for the same reason, and attended
with a like advantage In applying the
maXims of Interpretation, the object Is
throughout, tist to ascertain, and next TO
carry into etfed, the intention of the Trainer.
Ii is to be inferred that code of statutes
relating to one subject was governed by one
spirit and policy, and was intended to be
consistent and harmonious in its several
parts and provisions. 1t is therefore on es-
tablished rule Of law, that all acts IN pdri
mdteFtG are to he taken together, as II they
were one law, and they are directed to be
compared in the construction of statutes, be-
cause they are considered as framed upon
one system, and having one object i'll view.
Dwarris on Statutes 500.
1t is necessary, therefore, to a proper I'M
| derstanding of the intention of the Legisla-
| ture, that we should look at all the acts
| passed at the same session in relation to this
| subject. These were indeed quite numerous,
| but a reference to three joint resolutions,
and two bills, will give a sufficiently CON-
| prehensive view of the subject, and enable
us to understand the policy adopted. 1t is
| 10 be promised that when the Legislature
| assembled on the sixteenth day of October,
| 1868, the State was under the Federal mill
! tary rule its civil government had been to
| tally subverted, and that there was not a
| dollar i'll the Treasury, nor any possibility OF
collecting revenue without considerable
delay. The Provisional Governor had
| however, collected a considerable amount
! above the wants of his administration, which
| he was willing TO turn over to the new State
| authorities. Under these circumstances, the
! Legislature adopted joint resolution, which
was approved October 81, 1865, to the fol
| lowing purpOrt, tO-wit:
SEC. !. BE it resolred, SC, That the Treas
| urer be, and he is hereby authorized to re
ceive from the Provisional Government o.
| the State any public monies that may be re
manning in the treasury of said Govern
ment.
SEC. ,. That the said public monies shall
remain subject to such appropriations a
may be made by this Legislature.
SEC That the Treasurer shall file hi
receipt therefor with the Auditor OF Public
| Accounts, or a duplicate thereof.
1t win be observed that this resolution Il
| obnoxious to all the criticism that is urget
| against the validity of the resolution which
| is brought especially under examination il
this cause. 1t lacked the enacting clauS'
directed by the constitution, and it contain
| ed no provision for being enforced within
sixty days. Nevertheless it was acted upOI
Immediately, the money was received int
the Treasury, and the Legislature proceeded
during the session, to make appropriations
several of them by joint resolutions payabl
out of this fund, which, as Is seen above, wa
placed exclusively under the control of tn
Legislature. As soon as this fund was re
ceived into the Treasury, the Legislature
| r,aScal tho iniut resolution nnpSfIou
in the words already quoted, That tn
Auditor of Public Accounts be, and he is here
by directed to issue no more warrants upoi
the Treasurer for the payment of money, IN
| til further orders This was approved OF
the 25th day of October, and was shortl,
followed by another resolution, approved
October 81. 1865, to this effect, to-wit 'Tha
the Treasurer be, and he is hereby orderet
not to pay out any monies now remaining
or that may hereafter be received, in tn
Treasury of the State, unless especially OF
dered by the Legislature, until further OF
derSn Having thus undertaken to repea
| all existing laws empowering the Auditor Il
issue warrants and authorizing the Treas
urer to pay them, the Legislature proceeded
to define the powers and duties of these off
GERS in the future. BY act approved Decem
Der ,, 1865, (olEitted in the published laws,
it was enacted, " That the Treasurer be, ant
he is hereby authorized to pay all Auditor
|
ture, and all appropriations passed at tn
present session; and all other salaries o
State and District officers, and other claims
accruing since the 10th day of October, 1866
out of any monies in the Treasury not Other
: wise appropriated" 1t was also provided
by act approved December 4, 1865, "Tha
the Auditor of Public Accounts be and he i
hereby authorized to issue his warrants o.
the Treasurer fer all legal claims against tn
, State accruinp from the sixteenth dav q
October 1863" Both these latter acts cor
tain second section, declaring, "That thi
act shall take effect and be in force from an
after its passage"
All this action of the Legislature being o.
the same subject and having but one object
it is to be construed together, and regards
as forming but one law. 1t is plain that tn
{ two acts last named are based ON the assumI
ton that all authority to issue and pay wal
rants had been repealed, and they restOr
that authorityto the extent that it is intend
ed to be afterwards exercised They recog
: niZe the previous resolutions as having a
ready taken effect, and they amount, then
selves, to a provision that the resolution
shall take effect. at least, from the date {
the passage of these acts Upon the hypotE
esis that the previous law, contained IN tn
Code remained in force. these acts wer
wholly unnecessary and useless, for full AT
thority, in that case, would have alread
been in existence for the issuance and pay
ment of warrants for all claims, whethe
accruing before or after the sixteenth Q
, October. If the resolutions do not tax
effect from their passage, we will have tn
anomaly of two acts of the Legislature
founded upon the resolutions, and designe
TO supply defect in the law, occasiOned b.
their passage actually taking effect three o
four weeks in advance of the resolution
themselves To avoid such a result, whicl