The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-08-13

fendant that the Joint resolution passed
March IL, 1879, was an unlimited appro-
priation, for the purpose OF authorizing
the payment Of certificates for legislative
expenses.
The two propositions just stated en-
| brace all that is to be considered, 80 far
as it regards the payment OF legislative
| expenses for the session of 187I-72
They will be considered in the first in
stance. The bearing of the proposition
advanced CT just stated by the plaintiff,
is to call in question the validity of pay
ments already nude by the Treasurer on
account of Legislative expenses of l871-72
The motion before me is confined to the
inquiry whether the Treasurer is autho-
rlzed by law to make further payments
on that account. So far as the question
Of liability on account Of past payments
is made, it can only be determined on
the trial of the issues before the Court
OF Common Pleas. I cannot go further
than to inquire whether he can legally
make further payments, with the view of
arresting such payments by an injunc-
tlon, IN the event that no authority OF
law exists for making such payments. It
tho present inquiry, whether the true
appropriations for the payment of legis-
lative expenses of 187l--72, in their rela-
ton to the general Appropriation Act,
warranted the payment Of the amounts
thus specifically appropriated; for the
Treasurer has already exceeded the
limits of suoh specific appropriations,
and. therefore, the question of making
further payments under such specific
appropriations is not before me. On the
other hand, unless the Treasurer can
show that some warrant of law exists,
independent of such specific appropria-
tions, for exceeding their limit, it is
Clear that he is not entitled to make fur
ther payments on that account.
There is no authority for making
such further payments, unless conferred
by the joint resolution OF March
II, 1872. Us stat, 290.) That resolu-
tion is as follows:
''Bs Il HesolUsd. &C., That the State
Treasurer is hereby authorized and re-
quired to pay the certificates of the
members and subordinates of the Gene
ral Assembly, issued by the Clerks of
both houses, and having the signatures
of the President OF the Senate and
Speaker of the House OF Representa-
tives, in United States currency, gold or
silver coin only. And he is hereby au-
thorized to borrow, on the faith and
credit of the State, sufficient amount
to cancel said certificates"
The direct objects intended by the re-
solution was to fix the kind of currency
in which payment Of such certificates
should be made, and to provide fund,
by borrowing. for the payment of such
certificates. If this resolution is to be
regarded as making an appropriation for
the payment of such certificates. the
funo appropriated is that which might
result from the exercise of the power of
borrowing thereby conferred. The ex-
preston ''gold and silver coin only" is
fully explained by reference to Section
OF the ''Act to relieve the State of South
Carolina OF all liability for its guaranty
OF the bonds of the Blue Ridge Rail-
road Company, by providing for the Sc
curing and destruction of the same"
Us stat, p. 81,) where the Treasurer is
authorized to pay out the revenue bond
scrip created by that Act, sin satisfaction
Of any claims against the Treasury, ex
cept for Interest that may be due on the
public debt" The direct object of the
first clause Of the resolution was to ex-
clude the use Of such scrip in the pay
ment of the certificates for legislative ex-
penses. This construction fully satisfies
the expressions contained in the first
clause Of the resolution. If its force or
effect is to be enlarged beyond this. it
must be by an Implication drawn by ap-
plying the rules of construction to the
language employed.
Such an implication cannot be raised;
for the reasons, first, the last clause looks
to specific fund for the payment Of
such certificates, to wit: money borrowed
for that express purpose. and excludes
the idea that the general funds in the
Treasury are to be employed for such
purposes; second. previous legislation,
at the same session, had fixed limit be-
yond which the ordinary revenues of the
State should not be applied to such pur-
pose, and the resolution neither inti-
mates purpose to repeal or modify
such limit, nor employs terms or express
sions inconsistent with the efficacy of
such previous legislation.
The question of the validity of this
authority to borrow money on the fuith
and credit Of the State will be hereafter
considered; but, for the present purpose,