The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-03-02

msnso fShseessrsi assembly IN MsrsaA ls74.
ssS the inssrview w.s The
fscw fiscal eyssn wticlL bad bce1 thsS rs.
fvs4tly balishelsA ~ M prQYjalops
tssfs'SN yssn nppaarss ftp be nucA piesssds
F<egssdhig the& % inauytrss sSahbspnly $Gd
apont wiitchstLs s9ahs OF the treasury could be
satisfactorily admiuisHetod- Ian SopiniouS Ia
which I very fully ceacurred aif q
It;was, however, aen suggested that In the
practical operation of the scheme there would
bs encountersdtth this embarrassment that DUR
ing the interval between the COMMENCEMENT
of the fiscal year aud tho coming In of the
taxes-an interval usually OF three mouths
| there would be pressed upon the treasury
public demands of all urgent character, for
the payment M which there would be ia the
treasury no funds other than the une1pended
balances, If any, Of tho previous fiscal year.
Particularly was it forcseen that during this
intervsl the general assembly would convene,
and in advance OF the coming in Of any of the
taxes, would need to- nave funds for the de-
ifaYing Of legislative expenses, which could
not be furnished otherwise than by using, for
the time, these undrawn balances standing to
tho credit OF other appropriations.
IN addition. to this, it was known that the
entire levy for Legislative expenses would need
te be dishursed In the months of December.
January and February, before any but a small
part of the specific levy for that purpose
would have come in from the county treas.
urera that th;s ax;oano, mould h - -.
pressing character as to require that all of
the earlier receipts should be 80 applied 10
the extent of the levy; aad that this neces-
sity would practically hinder strict conforms
ity to that feature Of the law which, If con.
strued according to its letter, would require
that as the revenues come IN the amounts
should be Immediately apportioned and set
apart to the several objects of tho appropria.
ton.
In the considering of these practical diff.
culties, recollect 10 have suggested to you
that, whilst recognizing the value and impor.
tance of the law and your duty to adhere
closely 70 it's provisions l was apprehensiye
that from 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
odious, and perhaps prevent its re-euactment
IN the future. And further suggested that
| it was well worthy Of consideration whether
the preservatlo Of the scheme itself was not
matter of greater moment than tho adher.
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 Ren.
erai scheme was the securing to each object
of appropriation its proper share Of the pub
lie revenues. This purpose the law aimed to
effect by requiring, first, that to each object
should be- set apart its rateable share of the
revenue; and, second, by. requiring that the
fund 80 sci apart to one purpose should not
be diverted to the payment Of demands upon
another fund, thereby creating deficiency In
the 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,
it seemed 10 me, could not result from q Nero
temporary diversion, which would be very
soon restored from the incoming Iaxes; and
although for time there would be technical
departure from the letter of the lava de.
parture which should always be avoided be.
cause OF its mischievous tendenoy-yet 80
long as the transactions Of the treasury should
conform 10 the general purpose of the fiscal
0CHoAos auu the puOHC IN Tie meantime be
protected against any mischief from such TEN.
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 subseryed.
These views seem to coincide with those
you yourself entertained, and presented a
construction of the law which regard as a
reasonable one, while it gave to you a margin
of discretion which, Of course, at your own
risk and responsibility, thought you might
assume to exercise, in order 10 avoid the pub
JIG Inconvenience which would inevitably re.
suit from an attempt to administer the law
according TO its very letter.
This statement Of my recollection of the
general tenor and import of the interview su.
persedes the necessity for a 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.
l have the honor to be, very truly yours,
lSiRneo) O. ID. MELTON.
desire to show here how the plau adopted
by me, and approved Of by Major c. D. Mel
ton, my counselor since I entered the treas
ury, has practically operated during the last
fiscal year, the first time il has been applied
since 1868.
u