The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-03-08
Ghe Gntelli8sattt.
=. 1o.. 9s aud q I0uL.es-
,,..,,, M the House.

o,sr, SOS. % SEe-- SEe
In' I!n,'.sacibIo 'In school Fund, so called Ilo.
The sl'isltsl i"Siset OF a quite lengthy d'D1t M
ss he soa.s ,a.,' Of delegates yesterday M, MI
u'hs hOu,v atu nav Republican member iron
s'la' IT., ,nS ,o,p.y mt when the Appropriation ,l
v 'l' .,o.o to the effect that mo FoIEtSI ,o tSI
~ '.SS sebooI Fund shall be used lof In'
d ..s ds' s'aa'' Of meeting any appropriation tic"
purpose s.,siD, y, except as specially pro
nld' p'II'e' The exception was the a salary ;
tl'l ~, IrJ in the office of the supsFintena,
d' cen so,o,ls. a. Judge Ferguson desired rec
V. ns informed Ts. .s %''' which HS Evan. re- Re-,
1'',1I'op ,bs, j,s object was evident from 'a
~ ,,na 'u'' # I, WAS intended to prevent
'''iluSi Ii,a,sion of the money belonging
hh'' s. ,eDopI. aIys,l'IT from the application iOI
s p@s !, r,s intended, Judge Ferguson
s.a asked the House to !, @Oa''y ,Sa go,d"' 'n'
s 'a'u s.D5mep, by the addition OF the e WORDS >,
'.Iesp '.D, by authority Of law" he ,saU, snu
,',s '','r, a',,ic, had borrowed money from
~. ',' ,psool pa,"i' Fund, and had done It BY au.
H.. H. .E.a
%o,I,, .'' Of law. He desired 'hat the uooI 90
nIsht py.1' be Lett open for. like action IN the
future, ,,;,h docided nm.
i,,toO tr'' from Mr.. Hubbard. He said that
,S',s p'I',' /, WAS true, as had been claimed
sl, ,p,' ,ll D,r,ios had used School Funds
~, ,p'' State "a, purposes, it had been done un'
W. ~, ditT.rept constitutions. The use oi the
1'- ",5 I bslor, 1872 had not been forbidden
y. ,,', ,bs O,pst,uioni that since 1879 was
I" Jirec! violation Of the Constitution
"i,nteJ in that year, The Constitution oi
I,,I pyS Article VII, Section A. is as follows;
~, "yo nancy shall be drawn from the
,,,,'S,y nv but in pursuance Of appropria'
ice, ,sS,|, m,ds by lsw;" but in the ConsIltu'
,ou ,iou' oI isT? The provision is, Article y
% Ssc,ion 8: bNO money shall be draWh
Iom % ,he treasury but in pursuance ol an
aV .aDVo,oN,iatlon made by law and on war
pp'GpJi ipla,aJ iberaon by the Auditor; nor
I,s '1'i 'r ony mOrlv or fund be taken for any
VA NJ. pgpoV I Man that for which Z has been or
ay !, appropriated or providEa'"
NJ. Hubbard said that when under a
l,mer administration, in 1870, part OF the
vbooI fund WAS temporarily used for State
D,rpo.es to bo replaced during the year,
wa made the subject ol severe criticism
,Dms persons, and was Thought to be
i,afcient importance to be brought to
,be attention Of the Legislature which met
IulS1l, In that Legislature the subject
VAS referred to the joint Committee on
Taxation and Finance, and the report oi
that committee was now before the
Speaker 1t is signed by the two chair
men, one oil whom, Mr.. Henry g. Davis,
bs,iuce been discovered to be an emil
neu. ananCIer, whote abilities have been
1eted InthedisCovery Of enormousfrauds
inthe United States Treasury. bookkeep-
ing The report says:
"The message from Governor Stevenson
10 the Legislature and the annual report
Of The Auditor are, we are constrained to
.sy well calculated 10 miBlead the public
mind in regard to the actual condition oil
tho treasury and the available means for
State purposes, as distinguished from the
educational fund. The latter cannot and
should not DO invaded for the liqutda'
ton ol ordinary charges upon the treas
ury, without diSregardinR the policy oil the
State in regard to education"
In another place the report says:
THE School Fund, which is maintained
by taxation and the income from invest
menls, should always, at the end Of each
fiscal year, be cot apart Tor It's own pur-
poses, and should never be estimated with
the funds OI the general treasury which
are subject to legislative appropriations,
Each fund should be applied to It's own
legitimate purposes, and should never be
used to supply deficiency in any otheI
department, which has heretofore been
the case"
Mf. Hubbard said he should not regard
thiafepOrt as Of very weighty authority, u
iB suggestions had not been adopted By
the Constitutional Convention Of 1872
andby the people, and made part Of thl
organic law in the phrase, "Nor shall an!
money or fund be taken ior any other pur
pose than that Tor which II has been or ma,
bsIppropriated or provided" The wor,
"tdnd" was put there TO designate III
School Funds especially. Yet In the fac
Oilat provision. .$l97 ,OOO,have been lake
lot general State purposes, Only $iO,OC
OIthis was taken by virtue Of q legislati,
enactment, and that was violation OF Il
Constitution; the remainder was take
without even the poor excuse Of an Act
the Legislature. Not a cent ot intere
has ever been paid upon this money.
twice, In 1877 and 1870, there was a pr
tense Of paying the interest by maxim
appropriations, but nothing was In IA,
paid, although all other appropriation
made at the same time were paid. Such
manner Of payment wasn't as good as NJ
Nicawbet's plan Of paying by giving
note.
All the arguments that could be mad
In favor Olths pending amendment an
oil the continued use OF the school fun
may be considered Under two heads.
FiBt-llas The Board Of the school fan
The power to lend The fund to the SIate7 2
second-lias The State, under the Col
ss'sulion, the power to borrow The scho,
tund2
hs claimed the board has the power
e iehd hrder Article XII, Sec. 4, ot Il
Constitution which provides that Il
,and 'i'tO Oe invested under such regul
slon' I" may be bepresctibed by law, Ia Il