, 1879-03-18
UNLAWFUL DEBTS.
4 caANCR TO srop AND THINK.
x..X.aat nt.&,..taA Ia IN 9h.fh1lna


srntNaFlELp, Ill.,, March 17.-Tte bill 10 ap.
nropr,ate *;U,O00 to pay debts OF the Pcnttcn.
tlary NJ Joliet contracted before tho lat dny of
October, 1878. Is In many respects remarkable
hill. Some OF the members src dissatisfied With
tl,n bfli, md freely cxprcss tl1eir opinion In
about ths way. These debts wcro contracted
not only without authority Of Inv. hut III viola.
tion OF Inv. Sec. 40 OF tho pcnltens!ary net,
found on page 100 of tho ReyiseA Statutes Of
1874, reads:
Tho Commiasione1s and Tho Warden Of said
ronitcnltnrY nrB hereby fufbiaaon to contract nny
debt m bcllof Ut ,i,e State bcyoad the amount os
Tho appropriation made by The uoucrnl Assembly;
md Il sah Commissioners, or cithor Of then or
tho said Warden shall. contract ht!v uct Oil os.af
traei shali 10 yoiI, md ssid t"ni,.lssionesa ana
their xuretics snd Warden and his Anretles shall
hc hcld lshle .o paJ s.ch debts.
Til. standing arpropriatlon TO TIE Pentten.
ttary from tcnr 10 year Ia Its earnings. u the
Eom,nisatnners should stc1n, this incuf!lccnt.
their ,lnty Is to ask of .bu .uenerai Assembly M
additional appropriation In cash frun the Stntc
Treasury for tho cusulng two years. Every
is MANAGED IN THIS WAY.
Tic ConstttutiUn-tn See. IS If Art. 4--directs
that the He,,rral Assembly shall make all iicces-
ssry approximations for lie next Two years. II
Ia the functtDn Of The General Assembly to Tx
the limit of appropriations, INIT tr duty OF the
amount. Gould more pcrnicio,s estravagance
uc dcvised than to allow STATE officers of ctiort
mile uni penal lnat,tutlons to cxIctlI their mp.
preparation. and then to contract such additional
nIssioners Ut The Joliet pcnftentary have done.
'rluir action Is ngainst tho theory ot the Con.
stitntior, IND tn direct violation OF tic statute
n6ovc quoted.
cral Assembly to pay these debts as obligations
of honor put upon tho State by the illegal ucta
Of ,lc Commissioners. The legislation might
to make Mp a deficiency In ihe appropriation Of
The earnings. To unss such bill requires two
thirds o{ tlIr members elected to each House
! uutlcr SCI. IL ot Art. Of the Constitution.
but tcrc arc sonlc members who believe the
| Gencral Assembly Ii
PROHIBITED NJ THE CONSTITUTION -
| from npproprsatfng for any surh debts. Sec. II
| of Art. of tho Constitution says the ucncra
| Assembly R,,all never "authorize tho payment
ot any ctAi1 or part thereof hereafter created
against tils State undcr any agreement Or con
| tract Ina,is without EXPRESS authority Of law
aid all such unauthorized agreements or ron
srnets H1Iail ,e null ulNlsoil." The statute lfrs
III violation Of Inv, mil tile question s, Can III.
nsnernl Assembly proporly pay them In view .
| the aboyc constitutional pTovsiona
It Is The duty Of the pcn1stntiary Connts
sinners nj Joliet to asls Of The Legislature ss,f
lc!ent appropriation to run The PcnEtentary fol
tiIu ensuing tss0 Ycnrs, and then to run it will
IN the appropriation and according to law, u
else rcsign a,'u ,nake room lur some ono wht
| tnIt.
II TIM action of the Commissioners In con
tracsnE t!,rfu debts u1n he sustained, they las'
| tho bower to run tile Stats tlto MI unismttct
not That of the General Assembly st1at makc
| Tic upt,ruprtntfon fur ttlp tenitenttnrY.