The Columbus journal., 1879-03-19
THE CAPITOL APPROPRIATION
BILL
STILL REGARDED UNCONSTlTU-
Tl0NAl. m ~
Other Exceptions Presented.

. tionality of the appropriation law
TO erect two wings TO the capital
building at Lincoln continues tC
attract some attention from the citi.
zens of the State who have been
outraged by The appropriation oI
$4,000 of their money against their
consent and wishes. The JOURNAL
has no particular pride of opinion
tc crafty in raising and presenting
exceptions to this capital steal OF
$4,000 aud certainly does not envy
the Journals who have approved,
justified aud advocated the law and
defended its constiiutionaliiy; nei-
ther do we claim extensive knowl-
edge of civil, criminal or constitu-
tional law,-and certainly we lay no
claim TO the high distinction in
which the Daily Lincoln Journal
essays 10 class us as possessing "a
comprehensiveness and grip to this
legal opinion that seems to take the
wind out of the ordinary constitu-
tional lawyers Of the country,"-but
as an humble and free citizen OF the
State, feeling outraged by this ap-
preparation, claim the right 10 pro-
test aud present our exceptions to
the enforcement of this supposed
law for the reasons heretofore as
signed and others yet to be present.
ed that it is unconstitutional and
never can be enforced or executed
if the proper legal proceedings are
taken TO prevent it.
We presented our first exception
TO this iniquitious law brought about
by improper influences, week before
last, insisting that the bill in the
house provided for raising fund of
100000 by the levy of a tax which
when collected was TO be applied 10
the erection of an additional wing
TO the capitol. This provision was
amended in the senate, the fund
attempted TO be appropriated entire
ly changed, consequently every new
provision OF the bill originated i'm the
senate. aid, as an appropriation bill,
is in direct conflict with the State
constitution which provides that al!
appropriations of money shall orig
mate only in the house of represent
atives.
We now present the second ex-
ception 10 this law-an objection
which originated with Hon. j. S.
Gibson of Omaha, member of the
house from Douglas county, who
presented it to the house when the
bill was returned from the senate,
viz: that after the amendment OF The
bill in the senate, it became a def
cheney bill, and, as such, required
two-tbirds vote of both houses. Mr..
Gibson, we believe, was eminently
right in his opposition, and the con-
stitution fully bears him out in his
objection. The con stitution reads
as follows:
Zach legislature shall make ap-
preparations for the expenses of the
government until the expiration of
the first fiscal quarter after the ad-
Journment Of the next regular ses-
sion, and all appropriations shall
end with such fiscal quarter. And
whenever il is deemed necessary TO
make further appropriations for de-
hclencies, the same shall require a
twO-thilds vote of all the members
elected to each house"
Clearly showing, i'm our opinion,
that the bill never received the |
number of votes required by the |
constitution and therefore is void.
Mr.. Gibson also presented the OBJ
jec;iOn that the bill was bad in that
il created new Offices or appoint
ments, which were TO be held bv |
members of the legislature, willie
the constitution provided who sho'd
be the commissioners of public lands
and buildings, and thus showing
conclusively a direct sviolation OF
the constitution, and must so be
held whenever the question is pre-
sented for adjudication TO the proper
tribunal. There are other objec-
tions TO this law that mi ht be pre-
senied, but we believe the excep-
tons already stated are sufficient TO
show TO any unprejndiced mind the
plain fact that the law, in more than
one particular, is unconstitutional
and therefore void. In our iudg-
ment it will not require much
"cOmprehensiveness" or grip" Of
thought TO perceive and comprehend
the principles and facts involved in
the exceptions presented to the
character of the capitol appropria-
ton law, and we believe that they
are so plain and easy of comprchen-
sion that even Bro. Gere of the
Lincoln Journal, (the bugier of the
band of jObbers), with the exercise
OF little of his natural grip" can
fully understand them.
FRAND l.. BIxBY, prominent
young lawyer, OF indianapolis. who