New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-17


because the money Ia presumed to be in the
treasury This raises the very SERIOUS
question, whether or not the Legislature
can make appropriations unless there be
money to meet the warrants authorized
thereby, either actually in the treasury or
provided for by the revenue bill. The
power of appropriation is the right to apply
Article l04 of the constitution declares, No
money shall be drawn from the treasury but
in pursuance Of specific appropriations
made by law An appropriation is an au-
thOrizatiOn to the Auditor to check upon tne
treasury for moneys then deposited. If,
therefore, the revenues be inadequate to
meet the interest Of the public debt and the
current expenses of the necessary State
agencies to preserve the government, an
appropriation whereby the liabilities of the
State are increased) for any other purpose
than for the support and maintenance of
the machinery of government, is debt
within the meaning of the constitutional
amendment, which declares that prior to
the first day Of January, 1890, the debt OF
the State shall not be increased SO as to ex-
coed twenty-fv millions of dollars.
From this it will be seen that the Legs
lature has no power to make any approprl-
ton for any purpose whatever, "unless
there be money to meet the warrants
authorized thereby, either actually in the
treasury or provided for by the revenue
bill" In other words, when an apprOprla-
ton is made, its payment must also De pro.
yided for by the assessment OF an additional
tax, or the act will be obnoxious to the
constitutional amendment limiting the
State debt to $25, OOO. 900 prior to 1890.
Nor do believe that under this decision
of the Supreme Court the State Auditor has
authority to issue any warrant upon the
general fund for other than the necessary
current expenses Of the government, until
it is ascertained that the portion OF the
revenue which is set apart for the general
fund, will be in excess Of the total amount
required for such legitimate expenses OF
government
The credit of our State abroad has sus-
tanned, not without great loss, however, a
severe shock during the past year. The
reckless manner in which appropriations
were made for the improvement OF real and
imaginary bayous, real and fictitious claims
against the State, private charitable asso-
| Citations, and enormous compensation to
officials, the manner in which $3.50, 600 was
squandered by the House of Representa-
tives, together with other incidents, have
told heavily upon our credit both at home
and abroad. While the government has
been extravagant-almost criminally So
| in its expenditures, productive in itself
of the most mischievOus effects on our
credit, another interest, thinking to combat
extremes by others quite as insane and dis
reputable took upon itself, at the sugges-
| ton of some ambitious politician or server
of some opposition railroad interest, to COM
nit a number of gentlemen to the silly at
! tempt to fOrestall the action of the Supreme
| Court; to pass Judgment on questions then
before it: to declare the uncOnstitutiOnality
of laws subsequently decided constitutional
by our Supreme Court, and to affirm that
| such debts as were contracted in excess OF
| a certain amount in aid of railroads, etc,
were unconstitutional, and would not be
paid.
The gentlemen who were deceived into
signing this circular now see that while they
have only temporarily affected the credit OF
the State, and delayed the negotiation of our
bonds abroad, they, in their private inter-
ests. have not escaped, but are already ex-
periencing the evil effects OF their careless
ness. They delayed, and came near defeat
ing entirely, the construction of railroad,
Orleans and to the State can not now be
fully estimated. Many of these gentlemen
inform me that they were misled, and that
it was farthest from their wish to cause the
embarrassments which the originatOrs of
the paper intended, and which it did actu-
ally produce.
COLLEGE IN THE INTEREST OF AGRlCUL-
TURE AND THE MECHANIC ARTS.
By act of Congress, approved July :. 1862.
and the amendments thereto, the United
States donated to the State of Louisiana
land scrip amounting to 10000 acres for
each member the State had then in the ma
tional Congress.
The grant was conditioned on its formal
acceptance by the State, and in compliance
with the terms on which it was made.
The State accepted the donation by act of
the Legislature, approved March ), 1869.
This act designated the Governor, the Chief
Justice and commissioner to be appointed
by them, to act in behalf of the State. Senator
John Lynch was appointed commissioner,
and the commission thus formed received
from the Secretary of the Interior scrip for
2O9, $40 acres. The State should have re-
ceived 900 acres, but there is provision
in the act making the grant which provides
that the scrip shall be issued i'll denOmina-
tons of l6O acres. The commissioner OF the
general land Office in Washington therefore
refused to issue scrip for the eighty odd
acres due Louisiana.
The scrip was sold at eighty seven cents
per acre, as high, if not the highest price,
believe, received by any State at that time
for scrip thus issued.
The 209, 800 acres sold at this rate gave
net, after deducting $3l7 81 commission
paid in New York for delivering the scrip
pliance with the act Of Congress, was in
vested in Louisiana State bonds, as follows:
$3.50 900 Louisiana State six per cent
bonds at sixty four cents ...........S 100 zoe 90
$50 900 Louisiana State six per cent
bonds at sixtyOne cents. S2l $50 90
1926 900 bonds for $ Isl $50 90
This leaves balance to the credit of the
commission in bank of 1858 o.. 1t is hoped
that this amount will be increased by interest
falling due next month, on bonds already
bought, to an amount sufficient to enable
the commission to buy $4,000 more bonds,
and thus swell the fund to $500, 900 in six
per cent bonds. This will give an annual
income of $4,000 to be used in sustaining a
college in the interest of agriculture and the
mechanic arts.
The commission will make full and de-
tailed report to your honorable body at an
early day.
The State is to be congratulated on the
manner in which the scrip has been disposed
of and the proceeds invested. 1t is to be
hoped the Legislature will be equally wise
in devising plan for the establishment of
the college. AS this subject is one fraught
with such interest to the State, especially as
it furnishes an important aid IN giving COM
pleteness to the educational system, be-
speak tor it your most careful consideration.
RAILROADS.
/ am encouraged that your faith in the
New Orleans, Mobile and Texas Railroad
Company is about to be most literally re-
warded, and that notwithstanding the most
violent opposition at home and abroad,
we are to have speedily constructed rail
road from New Orleans to Houston, in
Texas, and another to Shreveport, in our
own State. At one time it was feared that
the enterprise would prove failure, and
that we should lose the large sums already
| advanced in aid OF the company. In Eu-
own country the annearance of a circ,,Iar