New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-13

game. the Auditor shall audit and settle it,
and give the claimant a certificate of the
amount thereof under his official seal, if
demanded, and shall report the same to
the General Assembly with as little delay
as possible"
You will hottie that certificate of in
debtedness is issued where law has been
passed recognizing the validity of the
claim, and where the Legislature has failed
to appropriate the money. The Auditor, III
that case, is required to audit the claim.
recognize it, and issue the certificate OF in
debtedness. That is not demand on the
Treasurer. 1t can not be collected If ille-
gal. or invalid. 1t will not take one dollar
from the treasury unless the Legislature
should afterwards by appropriation,
recognize the validity OF the claim.
A certificate Of indebtedness is, there
fore, but contingent pro.nissory note.
saving promise, on behalf of the state,
to nav this, provided the Legislature VIII
-approp late the money. But warrant Is
very different thing. The law says, " no
warrant shall be drawn by the Auditor,
&C.. unless the money be appropriated by
law:
war; mt differs, then, from certificate
of indebtedness. A warrant is like check
given in payment of prOmissory note.
The Treasurer is the banker; the
Auditor draws the check; the Auditors
check is a draft for the money, appro-
pria.ed by law. What does the Auditors
law say? " Should the Auditor intention
ally issue warrants, etc., he shall BE- deemed
guilty"
But there is no penalty for issuing GER
tifcates of Indebtedness. Why: Be-
cause it is unnecessary; because l might
issue million of dollars in certificates
of indebte dness, and this issue would not
rob the State of single dollar,
unless the Legislature should after
ward appropriate the money Tor
it. But warrant Is the drawing OF
money out of The treasury, and to make
that criminal offense he must issue it in
teu,ipnally with view to defraud. Bear
that in mind during the progress OF Your
Investigation. Now, that was the Audi
tors law of 1866, but the Legislature may
authorize warrants to be drawn
without any appropriation, aud here We
find. that under the Printing Act and un-
der the Pension Act, instead of being all
thorized to issue certificates of indebted
ness. the law authorizes the Auditor to
issue warrants whether there be money in
the Treasury or not. There is a change
in the law, not only under the terms OF
the Printing Act, but also under the Pen
sion Act. This act was in itself and per
Sc an appropriation OF money. So there
was no brains on the part OF those wno
framed these articles of impeachment.
Here is a repeal of the law rs it stood SO
far as printing and pensi, rs are concerned,
and here is an express provision author
ling the Auditor to issue those warrants.
Now. we say we did it, and we were au-
thorized by law. ireIer to the case OF the
State VS.. Boudelon (Sixth. Annual, page
6S), to show what was the meaning OF
that clause in the constitution, which says
'that no money shall be drawn from the
treasury but in pursuance OF specific
appropriation made by law" There is a
case of an officer, entitled to his salary:
the Auditor and the Treasurer refused to
warrant for it, because there was no specific
appropriation. The only question. then,
in this case, was, whether the appropriation
made by law if so much yearly salary was
q specific appropriation. l read the decls-
ion in the case of the State vs.. Bourdelon, g
annual, pag. IS, ''the act approved twenty
first March, 1850, enacts that the Treasul e.
of the State shall paw upon the warrant OF
the Auditor out of any moneys II the
Treasury rot otherwise appropriated, to
the Major General, first Division. Louisiana
Militia, ETC., the yearly sum Of $1,000 for
the support and maintenance of the Louis
lana Legion" 1T is commended says the
court, shat this is not specific approprla-
ton, nor indeed any appropriation at ALL
The inferior court decided twas an appro-
priation within the meaning of the consti.
tuition. The Supreme Court affirmed the
Judgment. | cite this case for the purpose
of showing that where law is passed d.
recting payment OF certain claim out Of
any money in the Treasury, not otherwise
appropriated, and authorizes the Auditor
to draw the warrant, that is a specific APP
preparation within the meaning OF the con-
stitution, and tine Auditor is therefore au.
thorized to draw the warrant.
Now, with q reference to that decision, lei
us see what this veteran law is.
It says that each veteran shall be en-
titled to an annual pension of $50, payable
quarterly ont Of the treasury out OF any
moneys therein not otherwise appropriate
ed: and that the amount appropriated by
this act, as a pension for such persons, shall
be paid on their own warrant"
So that is an indeinate appropriation fol
each pension, according to the decision o
the Sixth Annual, to which l have Just re
ferred. Each veteran of 1914 and 1915, and
their widows, shall be entitled to receive
$50 annually, to be paid quarterly, on theil
own warrant, payable out Of any money il
the treasury, not otherwise appropriated
So that was specific appropriation for every
pension, and he was authorized to draw tht
warrant, and the warrant was to be issued il
the mode prescribed by law, and yet WI
are arraigned here for paying these veterans
and overdrawing the appropriation. | say
now, that the appropriation can not be over
drawn, because nobody can say what amour
is appropriated. Each specific pension il
specifically appropriated, and the Auditor i
authorized to issue the warrant for tina
pension, and he can go on indefinitely. 81
with your printing bill. There are you
State Printers, and they were all selected b,
the Governor and the Lieutenant Governo
and the Speaker OF the House, / believe
there was State Printer in each parish Sc
lacted. The twelfth section of the printin:
act says:
1.-THE State Printer shall render, once il
each month, detailed statement Of all tn
printing and advertising done for the State
etc. and the said Auditor shall eXamine-th
same, and, if he find it correct, shall audi
said account, and drd,D has acd1rdnt on IL.
State Treasurer for The pdynoef1.'
He shall draw his warrant, not issue HI
. certificate under the general law, which i
repealed; but he is to draw his warrant o.
the State Treasurer immediately, Wnethe
there be funds or no funds in the treasury
he issues his warrant, and to that exten
this printing act is repeal of the Auditor
law. SO far as printers bills are concerned
and now, when you have authorized I'd
Auditor to issue these warrants, ana ther
ia no proof that he Issued them trauduien,ly
you arraign him here because he compile
OF q