Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-05
THE ORPHAN ASYLUM APPROPRIATIONS

EDS. RECORD u MON: | do not think
there is any cause to fear that the orphan
asylums will not receive their accustomed
bounty from the State Treasury. The Act
of March %, 1880, uses this language
There is hereby appropriated cut of any
money in the State Treasury not otherwise
appropriated, to each Institution in this State
conducted for the support and maintenance
OF minor orphans. half orphans or abandoned
children aid as follows: For each
whole orphan. one hundred dollars per ar
mum for each half orphan, seventy-iye dol
lars per annum, and for each abandoned child
seventy-fve dollars per annum." Section 2
provides that the aid granted commences
on the first Monday in July, 1880, and is to
be paid in semi-annual installments, COM
mencing on the first Monday in January,
1881"
The confusion of thought in reference to
the probability of the orphans not receiving
| the aid arises from the mistake as to the ma
ture of an appropriation. The meaning
of the clause of the Constitution which saws
that mo money shall be drawn from the
| Treasury but i'll consequence of appropriations
made by law" has long since been settled in
this State. The Supreme Court in Me-
Cauley VS.. Brooks (l6 Cal. 2S) says that it
only means that no money shall be drawn
except in pursuance of law, and that to an
appropriation. Within the meaning of the
Constitution, nothing more is requisite than
designation OF the amount and the fund out
of which it shall be paid. The views expressed
as above by the Court are reatfirrned by the
Court in People VS.. Pacheco (27 Cal. 20S),
which case came before the Court upon the
following facts:
To aid in the construction of the Central
Pacific Railroad, the Legislature by an Act
approved April IA, 1864, provided for tie
annual levy of tax to pay the interest on
81, 800, 600 of bonds to be issued by the Cen
trail Pacific Railroad Company and in Sec |
ton of the Act the following language was |
used: 1.-The several sums of money necessary |
for the payment required to be made under |
the provisions of this Act are hereby appro-
priated from the said fund and from the State |
Treasury" The Attorney General brought |
an action to restrain the Treasurer from pay.
ing the interest on said bonds, and to arrive |
at a decision in the case it became necessary
for the Court to decide, and the Court did so
decide, first, that the language of Section
was an appropriation of money from the
State Treasury second, that it was con-
tinuing appropriation for twenty years and
third, that it was competent for the Legisla-
ture to make continuing appropriation.
The last decision provoked the adoption in
1871 of Section %, Article /, of the old Con-
stitution, which provided that "The Legisla-
ture shall have 40 power to make an appro-
prlatlon for any purpose whatever for
longer period than two years" Since the
adoption of this amendment it has been GUS
tomary for the Legislature to make an appro-
priation once in two years for every object
for which money was needed. This custom
probably induced you to believe that it was
still necessary for the Legislature to do SO, but
it is not so; for the Inhibition of Section %,
Article l. of the old Constitution is not con-
tanned in the new Constitution. 1t is there
fore competent for the Legislature to make
continuing appropriation.
That the Legislature has done so in the
case of the orphans can be seen by reading
cisions. The Legislature has used the ex-
press words of appropriation, has fixed the
precise sums to be paid, has provided that
such sums shall be paid out of the State
Treasury, and has named the time during
which such sums shall be paid, by the use
of the words per annum which mean for each
year annually, or for each successive year.
All that it is necessary to do, is to have in
cluded in the amount directed to be raised
for the general fund by Section 3713 Politi-
cal Code, the amount necessary to meet the |
requirements of the asylums.
presume that the reason Governor Per-
kins did not include the demands of the
asyums in his proclamation was because he
understood that legislation was not necessary.
He would not be likely to overlook SO benef-
cent an object as the care of the orphans of !
the State.
| wish you would publish this communica-
ton and assist in allaying the fears of the |
faithful and devoted women who have charge |
of, in the main, the orphan asylums of the |
State. Respectfully yours,
Z. w. MAsL1N.