The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1882-01-26


of the normal schools that are or
may be established, L would respect |
fully recommend that it be made di- |
rectly out of the revenue, and not |
out of the special funds as it has
heretofore been done. The propri-
ETY. of taking it out of these funds is
extremely doubtful from the word !
ing of the constitution in regard to
said funds. And being schools aux
Hilary to and necessarily as a part of
the public free school system, the
appropriation for them may be
made with reference to the amount
of revenue set apart annually for
the public free schools, and be so
adjusted as never altogether to OK
coed the constitutional limit" The
doubt here suggested had reference
to the appropriation out of the COM
mon school fund for the Sam Hous-
ton normal school, as much as to
that out of the university fund to
the Prairie View normal school. For
constitutional objections had been
made to both of them by persons
who opposed them on that ground.
had a purpose in presenting TO
the consideration of the legislature
the question of the constitutiOnality
of these appropriations. 1t was that
they might reconsider the grounds
taken by the preceding legislature,
and settle the question definitely, or
make the appropriation III n way
that no one could raise constitu-
tional question upon them, which |
much preferred, and consequently
recommended.
1t is well known, to those CONVEX
SAINT with the proceedings of the
last session, that the question as to
what fund the appropriation for the
support of the Prairie View school
should be taken from, and notwith-
standing my suggestion of the doubt
and urgent recommendation of an
other course, the legislature made
the appropriation just as the pre-
ceding Legislature had done, and
presumably upon the same view of
the facts defining the status of that
school in relation to the Agricul-
tural and Mechanical college. The
appropriation then made reads as
follows: Support of Prairie View
normal institute for the years
ending August 81. 1882, to August
81, 1888, out of the university
fund, $4,000 leach year,. Repairs Of
buildings, purchase library, two
mules, a wagon, and for miscellane.
Gus property, out of the university
fund-S200O." Approved April 1st
1881.
. Here we have another evidence
, that the legislatures have regarded
the substance of the thing that they
| were legislatlng about, to the disre
! gard of any critical adherence tt
, particular words used to describe
that thing. For, in this appropria
: ton. it is called a" normal institute
!, which is a designation never applied
l to it before. Now, Notwithstanding
, the legislature did not and woul(
t not act in accordance with my re
-. concentrations, and thereby reliev,
f the university fund from the sup
n port of this school, [ cheerfully &C
I Quiesced i'll their action, because
e knew how they, as well as a yer,
r large majority of the members O
f the preceding legislature, regarde,
: the facts upon which they baset
i their action, and felt it to be m
e duty to respect the cOncurren
S judgment of the large majorities i
l. the two legislatures, who had dis
: cussed. considered and passet
l. upon the question of the tru
|, status of the school in its relation &c
t. and as part of, the A. & NJ. college
e 1t is plain, then, that the two legi:
II latures assumed, as a predicate fu
!" the passage of this appropriation,
u very different fact from that assume
. hs'-"NtI', iovf aTss 81 Aiirafeoin. execute th
!, now approach the question of th
5, right, and of the propriety, of refu.
s. ing to execute the law at this tim,
Il, and under existing circumstances.
e, suppose that |, as the chief exect
D, tive, had objected to this law, mai
r, ing this appropriation, because
G regarded 1t contrary TO the constitI
u ton, and had returned these tw
n clauses above quoted 10 the hous
in which the bill originated, wit
If my objections to them, and bot
o houses of the legislature had agai
If passed them by two-thirds major
is ity in each house, could l veto tn
y law again when an account was pre-
is sented to me for approval, and sti
y refuse to execute the law because
!, deemed it to be an unconstltutions
], law, and, therefore, no la,
|. at all? The constitution saw
n that, under the circumstances whic
J. L have supposed of bi
j. vetoed by the governor and after
l. wards passed by a two-third vot
d of each house, ''it shall become a la,
Il Notwithstanding the objections @
It the governor" AS TO the governor
e it certainly is law, and he must ex
= ecute ii il he is required to pei
n form any executive act under it. |
d is none the less obligatory Oh him
f he acquiesces in it and does not vet
C Il. Has the comptroller, or an
j other executive officer n higher O
more absolute power of veto. wbeI
in his opinion the law is unconstitu
tiOnal, than the governor? Undo
our constitution and form of govern
: ment, the executive power is no
J, entirely vested in one person-th
n governor, but it is divided and dis
tributed to the heads of the severa
departments in accordance with th,
D duties assigned to them respectively
e Within that sphere each one of then
Independently represents the execu
S tive power of the state government
! and has an indubitable right to con
strue the laws appertaining to hi
7 official duties so as TO arrive at tn,
: meaning of the legislature, the law
making power of the state
, There are some, only few
executive powers of the gov
ernment, that are not divided
and distributed out to other depart.
ments, but remain vested in the
chief executive, as all of them were
in most of the older states under
their first constitutions. One OF
those powers of the chief executive
! that has not been distributed, is the
power "to cause the laws to be faith
fully executed" This is sometimes
imperative, for the want of power
to remove from Office such officers
rs refuse to execute the law. An
other is the power of pardon of
criminals, after they are convicted.
and of the remission of fines, &C.,
under the limitations expressed in
the constitution. Another is the
power of objecting to the passage of
laws by the legislature, commonly
called the veto power. This extra
ordinary power given to him is linn
tied as to time for the exercise of it.
and may be rendered nugatory BY
/ the action of tho Iaor;olofuro ,rlo,, Z.