The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1875-01-25

:, ~ 81 Hh EN~N- Ssistt -
Balance ofBullding Fund 4,ss2 81
Making total balance in treasu.
~ Oct !, 1874, as above $3.50, 1904 u
In the balance Of $50, sos %, applicable
TO general purposes, Is iuciGdCd the sum of
SIS, 47c, borrowed for the use OF the State,
and not yet paid, recommend that Al Gp'
preparation DC made 10 pay this sum with
interest due thereon. The foregoing state-
Hent shows the healthy condition Of our f.
nanees all the demands upon tho Treasury
have been mel, and substantial balance leit
TO carry over 10 the present fiscal year, TIE
last Legislature filled to impose the 5 cents
tar, heretofcr, known rs the hospital or
building ta=, and consequently the revenue
for the present year will be considerably re-
duced. estimate this reduction At $50, 900
III round runbera, COZ scqvcntly tho appro-
prlsliOnSior this fiscal year must necessarily
be ltsS than hcretoisr, for even ifit should
b your plsESlFc 10 restore this lNE, Il can
only avail fer TIE re=t G5cpl SAsr. This is
greatly 10 be regretted, fer At least two Of
the public iNsiitut'ons MED liberal Eppro-
priatious iOs construction purposes. | rec
omneLd that this building tax be renewed
for Que year The law regulating the pubIlc
deposits Rsedsrcvisioh aud amendment ii
is system Of patchwork malO up ofthe
PFOvlllosS Of the Code, the Acts OTTO, II
and 1928. Without referring specifically to
tho several GcIS II is sufficient TO say That
uHdcr the present law, the deposits can only
he made with the bank or banker thai has
gwen security and Egrecd TO pay ut idast
per cent interest that the deposit shall not
exceed the amount Ofihs security, and that
the money eo,lscted In any senatorial district
shall be deposited In some one Of the deslg-
mated Repositories situated therein, and
the deposit Of funds shall DO a, nearly
equal in eaohhenatOrial district IS prac-
tiCablc. Several difficult questions
arise in tho execution oFlhis law. In .
Of the senatorial distriets there ore no
designated dspOsisOricS; III . and per-
haps . Of the other Districts the amount
Of security ssndrred By the repositories
does not equal tho amount Of revenue
collected III The district. What is TO
10 done in these cases? No provision
exists in the Law for these cou.ingGn.
eies These causes also forbid equality
in the deposits in the several districts
But there are other reasons why it is
difficult to preserve this equality. No
practical means are provided for max
ing or keeping up the equality Of do
pOsils in the districts. The Board Of
Public Works togiguates the depOsiIo.
ricT, but can transfer funds from ono
to another only in case Of insufficient
security, aud no officer is authorized to
make y transfer. Again, the deposits
arc made directly BY the Shoritfs or
other persons indebted to the State, or
the money is paid to tho Auditor and
by him deposited, while on tho other
hand the money is checked out by the
Treasurer as long as tho ultimate au-
thoFity or control over the public funds
is so much diYiled up. there is little
hope ofmainiaining an equal distribu-
ton among the districts. An examin.
alton Of the Trcasurer'S report will
show that great inequality still exists.
The policy adopted BY thOlast Legisla.
.urO Of equality still exists. The poll.
cy adopted by tho last Legislature Of
equalizing the deposits among the sew.
cral districts is enincntly just, but to
preserve it and make it effective tue
power must be lodged in some officer
or board to regulate or control the de.
pOsiss and checks, and mako transfers
Of funds when necessary TO do SO to at.
tnia tho end desired. In former mes.
Sugcs | called attention to the practice
Of making appropriations which expire
some months before the assembling Of
tho succeeding Legislature. The last
for example, in making
provided that oil money
appropriated to DO susrd within said
fiscal year. and not drawn within the
period Of the said fiscal years, ending
respectively on the 8O.h Of September,
1873, and on the 30th Of September,
1874, should not DO thereafter drawn
without authority Of law; !" aud that no
money shall DO drawn from the treas.
ury beyond the appropriations hereby
made rnlOss tic same is authorized by
tho constitution or By some general law
no. provided in this aet." Tho last
clause Of the act just quoted is some.
what ambiguous, | understand il to
mean simply that il the amount appro.
priated IN any case is less than the
amount authorized by the constitution
or general law, then i. will be lawful
to pay tue amount fixed, BY tho consti.
tuition or general law and not provided
for in tho act. Tho Auditor and
Treasurer have construed it as author.
ity to pay all salaries md other dc.
nanls that are authorized by the con.
s,itution or general law, and have con.
tinucd TO pay such claims since the
clOrO Of the fiscal year; md If public
necessity cen ever justify o strained
construction Of Law, there was jastitica.
ton for it in this case for il would
have beea great inconvenience If the
Treasury had been practically closed
for such q length Of time. And |
therefore recommend that this action Of
these officers DO lCgalised. Butas tho
language Oftho constitution is ilnpera.
tive that "no money shall be drawn
from the treasury bu. III pursuahce Of
an appropriation made by law" and as
my opinion was that no appropriations
Of any kind have been IN force since
September so last, except for the pub.
lie institutions which were specially
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