The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-12-19
JACOB AND THE COYTIN'
GENT FUND.
FULL RESTITUTION DENANDEI

III Tue SCTaNS Ou w S0oSoJi
Mr.. Gustou, from the Judiciary Com
mittee submitted the following report
The Committee on the Judiciary to
whom the Governors message, a COM
muuication of the Auditor and sundry
resolutions concerning the approprIa'
ton Of the civil contingent fund, have
been referred, have given the subject q
patient and full consideration.
In order briefly to present the duties
and powers of the Executive Depart
ment over the fund for contingencies, It
is not inappropriate to the subject mat
ter OF this report to quote the Constl-
tuition and the several laws bearing upon
this subject
The tenth article, third section OF the
Constitution declares that no money or
fund shall be taken for any other pur-
pose than that for which it has been, or
may be, provided.
The tweuty-fith section OF the iour-
teenth chapter of the Code, providing
for a general admit istration OF s con-
tingent fund. we quote in full.
"2j. Out OF the sum annually appro-
priated as a civil contingent fund, there
may be paid all expenses incurred in
the execution OF any law for which there
is no special appropriation, and any
other sums which the Governor may
deem necessary or proper. No payment
shall be made out Of the civil contin-
gent fund. except on the requlsltion OF
the Governor directed TO the Auditor. y
The provisions OF the 18th section OF
the Code above referred to, confer un'
limited power upon the Governor IN the
use OF sum OF imoney appropriated 10
be used as a contingent fund. By the
fifth section OF chapter one hundred and
eleven of an act entIt!ei, "An act max
ing appropriations OF money to pay gen.
eral charges upon the treasury, approx
ed April 7, 1873, there is appropriated
$4,000 ITO pay, upon the order OF the
Governor, directed to the Auditor, all
expenses in the execution OF any law
for which the Legislature has made no
appropriation" The provisions OF this
act being Limitation upon powers over
the use OF the contingent fund, az con-
tanned in the tventy-f'th section OF
chapter fourteen OF the Code, II becomes
necessary to enquire to what extent it
has limited it's use, and whether the
Constitution has been violated by the
taking OF money appropriated for one
object, and using it for another as dis
closed by the itemized account o. ex-
penditures out OF the contingent iund,
certified by the Auditor. 1.-THE law re-
quires any duty to be performed and
makes no appropriation to pay for that
duty, the conclusion is inevitable that
the contingent fund is to be used to pay
expenses in its execution, and that, it
seems, is the appropriate object OF the
contingent fund, for it will scarcely be
supposed that the Legislature could, or
would name every item OF expenditure
10 which it was proper to apply this
fund, and therefore they left II TO the
Governor, who is constituted the ChieI
Executive power, TO see that the laws
he faithfully executed" 1t is apparent
that the appropriation bill is a linita-
ton upon the Executive power, and
controls the discretion OF the Governor
given by the provisions Of the Code over
that subject,
Whenever any executive officer is
called upon to use the fund approariat-
ed as a contingent fund, but two ques-
tions srise. First, is the claim TO which
it is proposed to apply the fund, author
lied by law2 II it is, that settles the
question, 90 far. The sscond inquiry is:
Has the Legislature made special ap-
preparation TO pay expenses Of the mat
ters 80 authorized by law? 1.-THE Leg
islature has so appropriated the money
it is quite certain that the use Of the
contingent fund is prohibited.
Your committee are therefore OF the
opinion that before any executive officer
can use the contingent fund, he must
zee that it is to pay expenses in the exes
cution OF law for which the Legsla.,
ture has made no appropriation.
In fact, go cautiously has the 9Th sec.
ton OF chapter III guarded this fund
that it declares that it is only to be paid
upon the order OF the Governor, direct
ed to the Auditor, and limits its use to
"all expenses in the execution OF any
law for which the Le9sa ure hs, m ldc
no appropriation
The restrsint in the Constitution,
which all ofFicers are sworn 70 support,
forbidding the use OF money for any
other purpose than that for which il
has been appropriated, would seem to
be sufficient guaranty for the fidelity
OF all public officers.
With these provisions, it would
scarcely be expected that it would be
TO use the money provided
for the execution OF laws 10 defeat the
law itself.
By reference TO the payment Of cOun.
gel fees in the PeniteDtiary case and in
the mandqmu5 sgsinst the Auditor in
the case Of the Hospital for the Insane,
aud the expenses paid to Allen Simp-
son, i! would seem that the money was
used 10 obetruct the Law rather than 10
execute it. The sum 20 expended
10 S2,lO7 o.. These are the
material items; yet there is running
through the whole list Of expenditures
OF the contingent fund, other items un-
authorized by law, and showing an IL
legal and improper use OF that fund.
There is 10 authority for the Governor
to create the Office OF m sssenger and eli
It by appointment, or 10 pay such mes-
senger out of said iund. The extravs-
CANT rate at which the Governor has
the fund for that purpose is
apparent.
Again. this committee cannot recog
nize any authority for the payment for
L. L.