The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-07-24
be made out of the civil contingent fund,


February, 1878, sppropriating the public
money, which appropriates six hundred
dollars to pay for the insurance Of the
capitol building and State library. q
l. Chapter 2, Of the Acts Of 1872, con-
tains this provision: T. 10 .''" 30
"There shall be Janitor annually
elected lat each annual session of the
Legislature, by the joint vote Of the tive
houses), whose term Of Office shall be for
one year, and until his successor is elect.
ed or appointed, and qualified. 1t shall
be his duty to properly guard and take
care of the capitol buildings, with alllthe
apartments therein, or Herewith con-
nected, as also the capitol grounds, and
have the same kept clean, warm, and
comfortable. He shall also, during the
session of the Legislature, have charge OF
the halls and committee rooms Of the
two houses, and keep the same properly
cleaned, warmed and in good order, and
shall do and perform such other duties in
relation to his Office Of Janitor as either
house or the Board of Public Works may
require .. ...
Chapter 3 of the Acts of the
Legislature of 1928, entitled can
act making appropriations of the public
money to pay general charges on the
Treasury" approved April I, 1873 con-
tains these provisions:
81. So much of the public taxes, and
arrears of taxes. and all other sources OF
revenue, which have been received INTO
the public treasury since the first day OF
October, 1872, and which may be received
therein prior to the first day of October,
1874, which may be necessary to pay
claims and charges upon the treasury,
other than salaries of the officers of gov
eminent, and pay of members and oti-
GERS of the Legislature, shall constitute a
fund for that purpose. No money be-
longing to any fund shall be taken for
any other purpose than that for which 1t
has been, or may be- appropriated or
provided. And to that end there shall
be. and is hereby appropriated, out OF
the fund for taxation and other sources OF
revenue, sum sufficient to pay the fol-
lowing charges, payable out Of the treas
ury during the fiscal years, ending with
the thirtieth day Of September, 1873, and
the thirteth day of September, 1874, as
follows"
"2j. Secondly. For the fiscal year
ending the thirtieth day Of September,
1874"
"2g. To pay. upon the order Of the
Governor. directed to the Auditor, all
expenses for which, in the execution OF
any law, for which the Legislature has
made no appropriation. And herein
shall he included all books, blanks,
and stationery, and postage for
the Governor, Auditor, Treasurer, Secre-
tarv of State, State Superintendent OF
Free Schools, Attorney General and
Librarian, including express charges, to
be paid upon the rcquisition of said Of
iicers, ten thousand dollars.
81. To pay for gas, ice, water and
other necessary charges; to take care OF
and preserve the public grounds and
buildings, to be paid out of the contln-
rent fund hcrcinbeforc provided. and not
in addition thereto, two hundred dol
lars.
30. To pay for fuel used by the JAM
tor, to be paid out of the contingent fund
hercinbcfore provided, and not in addi-
ton thereto, three hundred dollars.
$50. To pay for the policy of insurance
on capitol building and State library, to
bc paid out of contingent fund hereinbe-
fore provided, and not in addition there
to, six hundred dollars.
"All such capitol building charges are
to be paid upon the requisition OF the Of
ticers having those matters in charge
Though the language employed III
these sections is in some respects lnaccu-
rate. we think it makes the legislative
will ineligible, at least as far rs it regu-
lates the subject Of this case.
Section % provides that all expenses
in the execution of any law for which
the legislature has made no appropria-
ton. shall be payable on the order of
the Governor. 1t then provides that all
books. blanks, stationery, postage and
express charges, for the Governor, Audi
tor. Treasurer, Secretary of State, State
Superintendent of Free Schools, Attor-
nev General and Librarian, shall be paid
on the reGuiSiton ofthcSr officers. And
it mentioned ten thousand dollars rs the
Am appropriated for the payment Of
these expenses. After this section 30
provides for the payment of clerks in
different offices, and appropriatcs various
sums out of the general fund for the pay
ment of claims and charges. Sections
81. 81 and 80 respectively provide for the
payment of charges for gas, ice, water
and other ncccSsaries, and care and pre-
scrvatinm of the public grounds and
buildings, two hundred dollars fuel to
be used bv the JanitOr three hundred
dollars; and for insurance on the
capitol building and State library,
six hundred dollars. Though these
sums are specifically appropriated
for these separate purposes,
they are payable out of what is men,
toned as the contingent fund. They are,
however, segregated from the sum mem
toned in section %, and are Independent
of its provisions. And section 30, in the
last paragraph, declares that all these
capitol building expenses shall be paid on
the rcquiSition Of the officers having those
matters in charge.
Under these sections II Is plain that all
expenses in the execution of any law for
which the Legislature has made no APP
preparation, other than the expenses for
stationery and other matters for the in
fcrior State officers mentioned, are pay
able on the order of the Governor alone;
and that the expenses Of such articles for
these officers cannot be paid without their
own respective acquisitions; but t is not
clear whether these expenses are payable
without the Governors order superadded.
1t is. However, unmistakable that the
capitol building charges, including the
expense If its insurance, are payable on
the rcGuisition of the officer having those
matters in charge, and that ifthe Governor
does not have them in charge the expense
of the insurance is not payable on his or
der. 1t Is not so clear whether the charge
for insurance Of State library i. payable
on the rcquisition Of the same officer
having charge of the capitol buildings,
with the insurance Of which it is by the
-,,,;,p cnuu,ctnl mr. On tho rapuiSitin,,