The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-08-14
Judge WIZARD. opl.lon-concIua.d.

ney from the public Treasury, is fixed in
every system of regular government
from the nature Of government itself
1t is based on the principle that the limit
OF public expenditures should at NIL
times be under the control of tho law.
making power. 1t is u practical means
Of securing this enl.
II hardly necessary to illustrate this
principle, for it is familiar, both as n
pactice and theory Of government. Itis
equally applicable when tho expenditure
IL Intended to satisfy al obligation ns-
sumed ny the government, and when it
IL lncrured to promote the public con-
venience. When il is considered that
the revenues of State, in the muin,
arise from the slow and expensive pro-
cess OF Imposing and collecting taxes
from the whole body of the people; that
sucn system involves the necessity of
anticipating expenditures, aud of form
ing estimates of such anticipated expen-
dltures-lt becomes obvious that, under
such system, there must be some means
OF knowing what amount is to be ex.
pcnded, In order to make provision for
raising the required amount; and the
only mode Of knowing with certainty
what IS to be expended, is to place q
limit beyond which such expenditures
shall not go. 1t is equally clear that the
power of imposing this limit should al.
ways be in the hands of the law.makin9
power, and i'll condition to be cxer
ch @ ut any moment for tho public well
fnre.
Ii there is any Case in which the Lie,
glslatnre would be justified in placing in
other hands, either Official or unofficial.
the right to create unliuited expendi-
ture, 1t would be iu the case of public
DUTY, conferred upon the chief executive
omcer OF the State, accompanied with
authority to meet the expenditures inci-
dent to the discharge of such public
duty The inconvenience and danger
OF such course is we'll illustrated by
the !rensury accounts put, in evidence
IN thia case. lt.appears. that there has
been PAID from the Treasury during the
ourrent fiscal year. solely under the au
thority conferred on the Executive to
arm and equip company of 100 men
ior armed defence, until the organiza-
tlon OF the militia, passed February 8,
io69, ~ Statutes, 295.) the sum of
so2. o23. 90; anil this lurge disbursement
nus oeen made IN year when no neces-
SHY ior resort ou the part of the State
to military force is known to have ex.
lsteu, and when the resources of the
STATE are inadequate to meet the current
expenses of the Government, or to pro-
vide ior proper administration of ius
tice.
The system of limiting disbursements
to sums appropriated by Law hns arisen
from the principle, above stated, of re-
tanning at all timcs in the hands of the
law-mnkiDg power control over the limit
OF expenditure. n is under this system
that the duties of the Treasurer have
been regulated. US stated in Hood rs.
Hayne, Il s. c., 23,) where it is said
that "he can only pay out of funds in
the Treasury appropriated by law, and
to tho objects of such appropriations.
he Is under no general obligation to paw
the creditors of the State. Il is not
sufficient even that there should be
legal appropriation; he must have funds
applicable thereto, or, in other words.
not otherwise. appropriated" The terms
in which the duty of the Legislature in
regard to anticipating and providing for
annual expenditures, as marked out by
the Constitution. TART. *. Sec. 2,) show
that this principle of practical leRisla-
tive limit to public expenditure was in
the minds OF the framers of the Consti-
tuition. for the principle under consider
alton is essential to the efficacy of the
system there developed. It is, there.
fore, sound conclusion that the Con
stitation uses the term appropriation"
in the particular sense illustrated by its
| relation to the fundamental principle
| already stated.
We are enabled, therefore, to affirm.
from clear lights, that no legislative ao-
tion authorizing the payment Of money
is an appropriation, in the sense of the
Constitution, that does not impose or
recognize some previously imposed limit
to sa,d expenditure. 1t Is necessary, to
a correct understanding of the PROPOSE
tion just stated. to observe that it is not
essential that every law operating on an
appropriation should fix the prime
amount to be drawn under Its authority.
or shonld impose n pecuniary limit be-
yond which such disbursement should
not extend: Prorideti, The amount to
be expended is capable Of legal ascer-
tainment mt the time of the passage Of
such Act. 1t is sufficient for the pur-
poses OF the present question to affirm
that, If at the time of the passage of the
Act the amount to bo drawn is not
fixed by the law, and is not oapable of