The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-05-21
and cannot pay money out of the Treasury

act OF the 2Sth March, 1879. | ind no ex-
press appropriation to pay the expenses
aforesaid.
The next point, then, to be considered is,
does an appropriation for this purpose re-
suit by implication from the express proYi-
sions Of said act, IL, indeed, the requirement
Of the Constitution above quoted could be
satisfied by mere implication
BY the 1st section Of the act the Governor
is authorized "to create bonds Of the State"
&c. So. r: -
By the 9th section it is provided that
THE GOVERNOR,
upon being duly notified of the acceptance
by the "Council Of Bendholdcrs and the
Funding Association" OF the provisions
OF the act, "shall forthwith provide for the
preparation OF the bonds provided for by
this act" The quotations from the 1st and
5th sections as to the Governor are synony-
nous, and mean substantially the same
thtng-to wit, that the Governor shall con-
tract for bringing into existence the re-
,quired bonds, or, rather, the printed, en-
graved, or Autographed form OF bond, for
the purposes OF the act. He could neither
create them nor provide for them in any
other way. Here was clear duty 10 which
he was bound, and by his act in discharge
i
therefore, the obligation OF the State carried
with it an appropriation OF money for the
discharge OF that obligation, then, most
surely, the expenses OF executing the act, so
far as they resulted from the contract of the
Governor, could be properly paid out Of the
Treasury without further appropriation.
But THIS IS NOT so.
There is an express provision OF law
xy,l, ,fI do xtx
ment or decree for more than $500 without
special appropriation. [Scc Code 1878, page
416. chapter IA, section 81 Now, judg-
ment or decree is the highest and most
solemn form OF contract; and yet it cannot
be paid, il the money was in The Treasury.
without special appropriation. BY the
twelfth section OF said act OF 2Sth March,
1870, the Auditor is directed in certain
events to issue certificates, to be printed
from plates which shall be the property of
the State. This requirement clrries tc the
Auditor the power and authority to con-
tract for the plates, and the State would be
bound by his contract. Upon such con.
tract judgment could be recovered; yet if
for more than $500 il could not he paid with
out special appropriation.
By recent legislation, commissioners were
appointed to settle the baundary-line be-
tween
MARYLAND AND VIRGINIA,
and employed counsel, TO appear before salu
commissioners on behalf Of the State, and
said commissioners and counsel acted, but
it was never supposed that they or either OF
them could he paid without an appropria-
ton for the purpose; nor did ever hear it
even suggested that an appropriation could
result by implication, from their employ
ment, accompanied even by the discharge
of the duties required of them. "
BY the fourth section oil the act OF March,
80, 1871, the Treasurer was authorized and
directed to have prepared, engraved, or
Autographed" the registered and coupon
bonds required by SAID act-a similar du:y
to that required Of the Governor by the act
OF 2Sth March, 1879, as to the bonds, and
Of the Auditor as to the certificates. Yet it
was not then supposed that this require
ment made OF the
PROPER Discussing OFFICER
was sufficient to carry with 1t an appropra-
ton by implication of money to meet the
expense, consequently the 9th section OF
the act OF March so, 1871: Provided that
the necessary expenses should 6epaid OIL Of
any money IN the Treasury not otherwise ap-
prOpriQtcd. This very important section,
put into the bill OF 1871, when the Treasury
had q surplus Of money, was left out OF the
act OF 1879 when there was no surplus.
Whether this was the result on the. part
Of the Legislature OF design or omission we
are not authorized to say, nor is 1t neces-
sary to conjecture, for the effect OF the
omission, SO far rs the payment OF money
under the act Is concerned, is the same. 1T
may be claimed that the provisions OF SEQ
ton Of act OF March, 1879, are sufficient y
comprehensive to include the provisions OF
the 6i section OF the act OF March, 1871.
This claim, in my opinion, cannot be sus-
ained. am
THEREFORE, OF OPINION
that the act OF 2Sth March, 1879. makes nc
appropriation for the payment OF expenses
incurred in its execution.
But in answering your question it is pro-
per and necessary that I should consider
the general appropriation bill OF the las,
session. For il there is any appropriation
OF money in said bill, or in any special bill
for general purposes, placed at he disposa
Of the Governor, he would have the right
to use so much Of said fund rs would en-
able him to discharge the plain duties I'M
posed by the act OF the 2Sth March, 1879
There Is no act making special approprla
| ton for The purpose aforesaid. In the gen
eral appropriation bill approved March 8
1879, find this provision !: For civil con
| tingent fund, ten thousand dollars" [Set
Acts 1889. page 2l2.] By the Goth section
OF chapter 1G of the Code OF 1878, page
204, it is declared what disposition shaI
be made OF the "civi contingent fund.-
Said section is rs follows: "Ont OF the sun
annually appropriated as civil contingen
fund there may be paid all expenses in th'
execution Of any ta,C for which there is NJ
special appropriation, and any other sum
which the Governor may deem necessary o.
proper. No payment shall be made out o
said contingent fund except upon the orde
OF the Governor, directed to the Auditor o
Public Accounts" In the absence of
special appropriation for the purpose afore
! said, l am Of opinion that the Governor
may use the said civil contingent fund, o.
any portion thereof, for defraying the ex
penseS OF executing the act OF the 2Stt
of March. 1879; and that you will not only
be "iustificd " in paying out this fund, Of
anr portion OF il, upon his order, properl.
directed, but that it will be your duty to d'
so, taking care that the fund is not over
| drawn.
IF THIS FUND
| is not sufficient for the purpose, or the Gov
ernor, in the exercise OF the discretionary
control given HIM OF this fund, does no
fully discharge the expenses incurred by hin
or any other lawfully-authorized officer II
| executing said act, then the other contract
ing party will have to await the action
the next General Assembly, which Will n
doubt be prompt to discharge the obilga
tons properly entered into by the Goyerno
| fba Of |,