The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-08-14


button, as public necessities or the
convenience of State and County oificiuis
may dictate. The Clerk of the Senate
and the Clerk Of the House of Rspresel .
tatlVes shall have supervision of said
pruning The cost of the printing shall
oe paid upon the certificates OF tue sold
CLERKS Of the Senate and of the House
OF foRrcs' natives, out of any moneys in
sne treasury not otherwise appro-
priated. We must apply to this resolu-
eion the principles already laid down.
tAat unles the rate OF compensation for
the work thereby authorized is fixed Inv
law, that it cannot be- regarded as an mn.
preparation in the sense of tile Oonstitu.
ton, for the want of limit to the ex.
pend'tnre authorized thereby. It is
contended that the contract with the
Republican Printing Company uscer-
Gains the price, SO that the pages of
matter to be printed being known. the
Cost can be legally ascertained.
Unless tho work in question can
Dc oiassed rs current or permanent
printing Of the General Assembly. it il
neither within the purport of the con.
tracf, nor OF the Act under which the
contrn't was made It is certainly not
current printing, for that embraces ouly
matter required for the daily use of thn
Legislature during its session. Il can
not properly be classed US permanent
printing OF the General Assembly that
ordered 1t, for it does not embrace auy
portion OF the Acts or resolutions passed
Dy that General Assembly, but to the
previous statute law of the State.
1t IS questionable. on the face of the
resolution, whether it was intended to
De brought under the contract. The
Terms n1 .he contract are that the Repub.
lioah frtntlng Company shall "publish
ano PRINT; while the resolution author
izes the republican Printing s'to havo
printed &c. 1t may with much pro-
priety DC said that the resolution is, in
enect; anthorlty to employ such printer,
IN oenaif OF the State, as the Republican
trlnrng company should select Again,
u ooes not speak in reference to payment
OF contract price, but usos the express.
sion, tine cost Of printing
eAlsting contract. The want of proper
means OF limiting the amount capable of
being disbursed under this resolution is
iatal TO It's operating Of an appropriation.
under the clause OF the Constitution inst
considered, and therefore an iniunotion
must issue on this ground, according to
the prayer of the complaint.
The last question to be considered ia wh..
ther the treasurer is authorized by law TO
Issue promlssory notes, under authority to
norrow money on the taith aud credit of the
state, or topay such as be has already i,sned
Tor that purpose.
The Tact appears by the Treasurer'e return
that he has already put in circulation pro
lnlssory notes to the amount OF 1919 SD u
Ihese notes have either been issued for the
purpose OF borrowing money to nav certiti.
Gates for legislative expenses Of 1912. or
have been issued directly to the holders of
certlhcateh of that class. The amount thus
issued IL to be added to the amount Maid in
cash from the Treasury on account of certifi-
Gates FOR legislative expenses OF 1S7I-72
namely: $437, 100 40. making in the aggregate
the sum OF sSSG. 422 ~, that being the amount
OF certificates for legislative expenses ior
lS11-73. paid either in cash or notes from the
| treasury. The Treasurer has already paid
on account OF such prumissory notes the sum
OF ~, IS, a tact already noticed in con-
nection with the cash payments made under
appropriations for that head of expenditures.
The right OF the Treasurer to paw these
promissory notes depends upon whether
snH shsTe 1s IN sppropriafion for that purpose,
the Treasury. The appropriation for the
payment OF legislative EXPENSES having been
exhausted, they cannot he paid from that
source Unless it can be made to- appear
issued. nndef the provisions OF the Act enti-
tied An Act to make appropriations. !" DC.
passed March 4, 1872, (15 stat, 81. J Tiers in
no appropriation under which they can be
paid.
The Act last referred to is one OF those al
ready noticed, making specific appropriations
ior the Legislative expenses OF 187l-72 and
iS1o-7l. IL provides that, should there be 4
dehoioncy OF funds in the Treasury to pay the
amounts thus appropriated, the Treasurer is
authorlzed to borrow money TO pay such GER
tihcatAs, "an' to give his obligation as State
treasurer Tor the same; and such Obligation
shall be good and binding on the State, aud
shali be paid out OF any moneys in the / rea-
Bury received from taxes or from other
sources: Prouided further, That no part Of
said moneys shsli be- used for payment Of any
claims Issued prior to November %. 1871"
ihe authority to issue notes attem pted to
1e given by this Act is limited in two respects.
| II cannot be exercised unless there should be
deficiency OF funds to meet the specific
amounts thereby appropriated, and tho issue
IL Limited to the sums thereby appropriated.
II is not alleged, nor does it appear to be
true, by the Treasurer's accounts. that there
was any such deficiency; in Eact, the cash dis
eurscmehts alone exceed the specific appro-
Priatlons. 1t also appears that tho amount
OF notes issued is greatly in excess OF the
amounts appropriated by this Act. The notes
cannot. therefore, be considered az ist ued
| under that Act. In addition 20 this, tho ap-
proprlations made by this Act having been
drawn in full, there ia nothing that can be
aDDlfod Tn the ~ +l,o n