Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-01-25

With explanations and reasons tor tnsir
action. .-... --.. ..-.r,-a. -
The constitution, article 10. section
49,, provides that "no moneys shall
ever be paid out of the treasury Of this
state. or any OF the funds under its man
agement, except in pursuance Of an APP
preparation by, law; nor unless such
payment be made. or a warrant shall
have issued therefor, within two years
after the passage Of such appropriation
act. : -'' Also. section As provides
that all revenue collected and money re-
ceived from any source whatsoever,
shall 90 into the treasury, and the gen.
eral assembly shall have no power to
divert the same or permit money to be
drawn from the treasury expect IN pur-
,suance of regular appropriations made
BY law. See also Gath Mo-, page 526,
State ex rel. Mo. State Board, of Agri-
culture VS.. Thos. Uolladay, auditor. Yet
the following --z- s.'l:v ,.' go
CONTINUED APPROPRIATIONS
Are found allowed. for which no appro-
priation was made as required by the
above section: ,,, .-......,. .,........
Voucher No. l07, Board Of Agriculture
voucher No. rs. W. 7. Esse1. treas.
urer Board OF Agriculture, under same
act; also of March q. ls70apsge H.. 1000 %
Voucher 246 to $50, each 81 900, continue
ing geological survey; act March ls, -, -
Ksiected also. 'becaase drawn without ':order
Of The executive committee of chrators OF state
University at Rolla," IS required by acts 1872
page %: - .G - -.tra Z. "E.
(Holladay and Mercer). salary, under
,,ct November 20, 1851, each sle5 -. $3.50 90
Voucher 2l6-Fund Commissioner Mercer, :, =.
Voucher ss-Fiunndd Commissioner Holia-
2 day, under same NEUTRALITY-SUSPICIOUS.. II 66
Voucher ?, 2,s4s-Relief of Taney' Co., uu-
der act April l, 1879 7s..................... 80 10
The committee addressed a communi-
cation to Auditor Holiday to ascertain
under what law he had audited vouch-
ers Nos. 1O7, 1926, 9, IS. PIG, 346, 2,842,
246 to $50. and received the following
| reply: " ''' ''
AUDITOR HoLLADAY's DEFENSE.
AUDITORS OFFICE, Jan. II, 1873.
| Hon. NJ. H. Phelan. Chairman Exam.
ming Committee: Dear Sir-In answer
10 yours Of the 9th instant, making in
i quiry under what law warrants were
| issued on the following vouchers, viz
No. 9 and. others OF same character
Salary of fund commissioner.
l
State board of agriculture. r-~ '
OF Agricultural college. 90,
Nos. 246 to $50. $1,000 each. for ee..
tinuing geological survey.
Ne. 2,842. Relief of Taney county.
have the honor to say, r-
First-The salary of fund commission
ers was paid pursuant to act Of Nov. 20
1857, continuing appropriation. Th'
salaries of fund commissioners hav'
been regularly audited for years withou
question, as will be seen by reference t
auditors Published reports made to pre-
vlous general assemblies. -
Second-The warrants issued ol
vouchers Nos. 107 and 1876. 81 900 each
to tho state board of agriculture were b.
authority of an act OF March 1S, 1871
being an annual appropriation.
Third-No. 211 for $3.50 to James
Rollins on expenses of the agriculture
college, was drawn on the continuing
appropriation provided in section 1e
page 10, acts OF 1870. on the certificat
of the secretary of the board OF curator.
: On reconsideration and further exam
) ination it is doubtful as to whether ther
existed sufficient authority Of law t
pay tor the services rendered. =
Fourth-Nos. 246 to 25O for $1,OO
each, for continuing geological survey
were drawn. pursuant to act of Marc
18, 1875, on an annual appropriation.
Fiith-No. 2,842, for $50 81, draw
for relief OF fancy county. under act {
April 1. 1872. which provides that th
amount OF $4,000 shall be retained b
: that county out OF the state revenu
arising in said county. All the othe
counties named in the act had previoul
ly retained the amount specified. 1t We
regarded in the nature of q trust bs
longing to that county.
l would say that the warrants abov
named on the continuing and annual AZ
preparations were issued in good fait
prior to the passage of the general al
preparation bill OF April 6, 1877, whic
t repealed such appropriations. =.
1t did not occur to me and my assoc
f ate executive officers that the constitl
r tion. upon its adoption, Nov. 81, 1877!
9 repealed the then continuing and al
r nual appropriations and believing th
+ schedule of the constitution continue
, them in force until July l, 1877, unles
}. sooner repealed or supplanted by regi
! lar biennial appropriations in the orde
D prescribed in section 43 of article 4
s the constitution, drew warrants o
q them on proper requlsitlons made j
Z conformity to law for the support of th
e eleemosynary institutions. penitentiar.
Y normal schools, state university, Il
$ maintenance of the state board Of agr
culture, mileage OF the members of tt
hoard OF curators OF the state universit,
apprehension of criminals, &c.
(, A portion of these warrants wei
; drawn in December, 1875. and lare
y. number in 1876, the vouchers for who
, were only passed upon and receive
without question.
:. THE SUPREME COURT MISCONSTRUEs TH
CONSTITUTION.
i Subsequently the supreme court
d the case of the State Board of Apricu
:. ture vs.. State Auditor, held that the col
y stitulion on its adoption repealed all al
], nual and continuing appropriation
= That case was in relation to the sala,
e OF the state entomologis5 who was CLAIM
d ing warrant for $4,000 for one year
st pay in advance, from March 27, 1877
II whereas 1t was contended by me |
o could only obtain pay until July l. fe
$. lowing, unless the twenty-ninth gener
'e assembly, then in session, should max
: for him regular appropriation for tw
e years.
h maintain the decision of the cou
ell In holding such appropriations we
1t repealed Nov. 80, 1875, was not pro
er construction of the constitution, al
D that the debates of the trainers OF Il
re constitution will not warrant such an
le depreciation. The finding OF the cou
g. that the entomslogist was not entitl
TX to his years salary In advance was &C
I'd rect, but its reasons were not sound, b
le ing merely dictum without prop
I'd consideration OF the question. There
o. nothing in the constitution expressed
p implied, repeating this class of appl
d, priations, or referring to them in a
Sc manner whatsoever, by name or 9th,
al wise. Section 10 of article 10 provid
that appropriations shall only be ma