The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-03-02
mene ofrhe general assembly in March, 1874.
49, The snhiecL matter If the interview VIVA the

mene ofrhe general assembly in March, 1874.
The subject matter pf the interview was the
now fiscal syste1n which, had been then re. 8.
Gently cstsbiished. by law, with the provisions
q which yeuiappeared TO DO MUCH pleased.
regarding thoon as inauyuratihg tls only plan
upon which the affairs oil the treasury could be
| satisfactorily admiuistered-an K opinion In
which very fully coacurred. '&
1t was however, tlsen suggested that in the
practical operation of the scheme there would
| be encountered this embarrassment, TINT dur
| ing the interval between the commencement
| of the fiscal year aud the coming in of the
taxes-an interval usually of three mouths
there would be pressed upon the treasury
public demands Of an urgent character, for
| the payment nf which rhere would be in the
treasury no funds other than the une1pended
! balances, if any, Of the previous fiscal year.
| Particularly was it forcscen that during this
| interval tho general assembly would convene,
| and, in advance OF the coming in Of any Of the
! taxes, would need to, nave funds for the de-
! Raging Of Legislative expenses, which could
I w
| the time, these undrawn balances standing TO
| the credit OF other appropriations.
IN addition TO this, it was known that tho
| entire lepy for Legislative expenses would need
to bo disbursed in the months of December,
| january and February before any but small
part of the specific levy for that purpose
would have come in from the county treas
urers; that this exigency would be of so
pressing character as to require that all of
the earlier receipts should be so applied to
the extent of the levy; and that this neces-
sity would practically hinder strict conform
ity to ulat feature of the law which, if con.
stru:d according to it's letter, would require
that as the revenues come III the amonu,s
should be Immediately apportioned and set
apart to the several objects of the appropra-
ton.
In the considering Of these practical diff
culties. recOllcct to hnvo suggested to YOU
that, whilst recognizing the value and impor-
tance of the law and your duty to adhere
closely TO it's provisions, was apprehensive
that from q rigid adherence to it's very letter
there would result, during the interval re-
ferred to- SO much OF public Inconvenience
and clamor against the law as to rouder it
odous, and perhaps prevent its rc.euactment
\ in the future. And further suggested that
it was we'll worthy Of consideration whether
the preservation Of the scheme itself was not
| matter Of greater moment than the atlher.
I ence to the very letter OF the law in matters
OF detail where such adherence would result
in public Inconvenience.
In the making of the suggestions it was
,, considered that the main purpose of the gen.
I SRhamn rinrr to a.,ol,1
of appropriation it's proper share Of the pub
| lie revenues. This purpose the law aimed to
effect by requiring, frst that to each object
should be set apart its rateable share Of the
! revenue; and, second, by requiring that the
| fund so set apart to one purpose should not
| be diverted to the payment of demands upon
| another fund. thereby creating deficiency in
| tho appropriation thus diverted. The mis-.
| chief which, in my Judgment the law was de-
signed TO avoid, was the mischief Of creating
| such deficiencies by the diversion of funds
from one purpose to another. Such deficiency,
I it seemed TO me, could not result from a nero
temporary diversion, which would be very
soon restored from the incoming taxes; and
although for u time there would be technical
departure from the letter of the lava de.
parture which should always be avoided be-
cause of it's mschievous tendency-yet so
| long as the transactions Of the treasury should
couiof'h 70 the general purpose OF the fiscal
! scheme, and the public in the meantime be
protected against any mischief from such tenn.
| porary diversion-so long, in other words. as
| by such diversion there was created no def
| cheney existing at the time any demand was
presented for payment or at the end of the
| fiscal year, considered that the spirit and
purpose of tho law would be fully subservcd.
These views seem to coincide with those
you yourself entertained, and presented
| construction Of the law which regard as n
reasonable one, while it gave to you Il margin
| OF discretion which, Of course, at your own
risk and responsibility. I thou ght you might
| assume to exercise, in order 10 avoid the pub
| lie Inconvenience which would inevitably re.
| suit from an attempt to administer the Inv
according TO its very letter.
This statement of my recollection of the
general tenor and import of the interview su.
persedes the necessity for categorical reply
to your several inquiries. l will only add
that, in the light Of subsequent facts, | see no
reasons to modify the views then expressed.
have the honor to be, very truly yours.
lSlKned) G. d. MELTON.
l desire to show here how the plan adopted
by me, and approved Of by Major G. D. Mel
ton. my counselor since | entered tho treas.
ury, has practically operated during tho last
fiscal year, the first time il has been applied
| since 1868.