New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-09

| this bill large number of obnoxious APP
| preparations and cOercing unwilling mem-
| bers to vote for its passage under the threat
of defeating the necessary appropriations
for the year.
| l desire to call your particular attention
| TO the decision of the Supreme Court in The
| case of The State ex rel. Solomon and
| Simpson vs. James Graham, State Auditor,
| in which the doctrine relative to appropria-
| tons Is laid down in the following language:
But it is contended by the REALTORS that
| the appropriation does not create u debt
because the money is presumed 10 be III the
treasury This raises the very serious
| question, whether or not the Legislature
| can make appropriations unless there he
| money to meet the warrants authorized
| thereby. either actually in the treasury or
provided for by The revenue bill. Inc
power of appropriation is the right 10 apply
| to public purposes money i'll the treasury.
! Article i0l of the constitution declares, NO
money shall be drawn from the treasury but
! i'll pursuance OF specific appropriations
| made by law. An appropriation is an an
| thOrization TO the Auditor to check upon the
treasury for moneys then Deposited II,
| 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 10
the first day OF January. 1890. the debt of
the State shall not be increased So as t. eX
coed twenty five millions Of dollars -
From this it will he seen that the Icgislt-
ture has no power to make any appropriate
ton for any purpose whatever. " unless
there be money 10 meet the warrants
authorized thereby. either actually III the
treasury or provided for by the revenue
bill In other words. WHEN an aplropili-
x ,i"n is made hs r"ymrnt >1 'I GT rV
tax or the act will be obnoxious to the con
stitutlonal amendment limiting the State
debt to 50 ,0O0, eco 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 tor other than the necessary
current expenses OF the government, until
it is asccrtained 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 eX-
penses 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 i'll which appropriations
were ihdue ioF 'he Improvement! Vi I'ii anu
mag ihdiS ous' lt'i am i, ol''i'n7
tons and enormous compensation to Off
cials.. the manner in which s130OO0 wa5
suuandered by the House ri Representa-
liEes' to2elner WIN otitl iieiu'n.S' na.t
'olu hcaNHS upon oui tlc"iV ""'n
at NOME anu aproa". " mn 81" 80
'Ii' ii mas :" S''n''
i've ~ ;t.sIf ~. Tine 1nn.t r,srh;cyn,i. ,tl..rts
,n any, cr.,t;t an,,Lar intar.st t,,;nkinr to
combat extremes by others quite as insane
and disreputahle took upon itself. at the
suggestion Of some ambitions politician or
server of some opposition railroad interest,
to commit a number OF gent, men TO the
silly attempt To torestall the acti, of the
Supreme Court: to pass Judgment on qucs-
tons then before ito declare the uucon-
stitutionalitv of laws subsequently decided
constitutional by our Supreme Court and
10 affirm that such debts as were contracted
in excess of a certain amount iii aid OF rail
roads etc, were unconstitutional and would
not he paid.
The gentlemen Who were deceived into
signing this ~ uIar 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 in
ttrcsrs, have not escaped, hut are already
experiencing the evil effects Of their care
lessness. They delayed, and came near de-
tratinr ENTIRELY. the construction Of Il rail
road thn inheritance of which 10 the rity of
New Orleans and 10 the State can not now
be fully estimated. MANY OF These zen
tlcmen inform NE that they wflr mi>irh.
aud that il was tarthrst from thcr wish I"
cause the cmbarrassncnts which the ur1|ln-
atnrs of tLe pauer intended. and " hich 1t
did actually produce.
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