The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-03-27
TngSCIIOOL PUND.
A. Reatatement orLAst Years Debate ON
the Subject.

The irTeducible school iInu, 80 cilled'
was the subject Of quite lengthy debate
10 the House OF Delegates yesterday. Mr.
Evans, the new Republican member from
Berkeley county, when the Appropriation
bill was under consideration, moved TO add
o clause to the effect that mo portion Of
the school fund shall be used for the pur'
pose Of meeting any appropriation made
herein, except us specially provided" The
exception was the salary Of clerk
in the office Of the Supcrintend.
ent Of Schools. Judge Ferguson desired to
be informed what the object OF the rcsoiu.
ton was, TO which Mr.. Evans replied that
It's object was evident from its wording. 1t
was intended to prevent n further diver
sion Of the money belonging to the schools
from the application for which it was in
tended. Judge Ferguson then asked the
House to modify the amendment by the
addition Of the words, Except byaushority
Of law" He said both parties had Dor.
rowed money from the School Fund, and
had done it by authority Of law He de-
sired that the door might be left open for
like action in the future,
This proposition met with decided OPP
position from Mr.. Hubbard. He said that
while i: was true, as had been claimed,
that all parties had used school funds for
State purposes, it had been done under
different constitutions. The use Of the
fund before 1872 had not been forbidden by
the Constitution; that since 1872 it was in
direct violation ofthe Constitution adopted
in that year. The Constitution Of 1868,
Article VIII, Section is as follows:
mo money shall be drawn from the
treasury but in pursuance OF appropria.
tions made BY law" but in the COnstitu-
ton OF 1872, the provision is, Article Y,
Section 3: mo money shall be drawn from
the treasury but in pursuance OF an Gppro.
priatfon made by law and on q warrant is
sued thereon by the auditor; nor shalt any
money or fund be taken for any other purpose
than that for Which il has been or may be up.
Propriated or prOrided."
Mr.. Hubbard said TINT when under q
former administration, in 1870, part OF the
school fund was temporarily used for State
purposes to DO replaced during the year, ii
was made the subject OF severe criticism
by some persons, and was thought to be
OF sufficient importance to he brought to
the attention Of the Legislature which met
in 1871. In that Legislature the subject
was referred to the joint Committee on
Taxation and Finance, and the report Of
that committee was now before the
Speaker. 1t assigned by the two chairmen,
one OF whom, Mr.. Henry G. Davis, has
since been discovered to be an eminent
tinaucfer, whose abilities have been OK
erted in the discovery Of enormous frauds
inthe United States Treasury bookkeeping
The report says:
"The message from Governor Stevenson
to the Legislature and the annual report
OF the Auditor are, we IRE constrained 10
say, well calculated to mislcad the public
mind in regard to the actual condition Of
the treasury and the available means for
State purposes, MS distinguished from the
educational fund. The latter cannot and
should not be invaded for the liQuida.
ton OF ordinary charges upon the treas.
Jury, without diSregarlling the policy Of the
Suite in regard to education"
In another place the report says:
1.-THE school fund, which is maintained
by taxation and the income from invest.
ments, should always, at the end OF each
fiscal year, be set apart for its own pur-
poses, and should never be estimated with
the funds OF the general treasury which
are subject TO legislative appropriations.
Each fund should be applied to its own
legitimate purposes, and should never be
used to supply deficiency in any other
department. which has heretofore been
the case."
Mr.. Hubbard said he should not regard
this report as OF very weighty authority, il
its suggestions had not been adopted by
the Constitutional Convention Of 1872,
and by the people, aud made part Of the
organic law in the phrase, "Nor shall any
money or fund be taken for any other pur,
pose than that for which it has been or may
be appropriated or provided" The word
"fund" was put there to designate the
school funds especially. Yet in the iuce
OF that provision sl97, 500 have been taken
for general State purposes. Only $4,000
OF this was taken by virtue Of legislative
enactment, and that WIS violation OF the
Constitution; the remainder was taken
without even the poor excuse OF an Act OF
the Legislature. Not cent OF interest
has ever been paid upon this money
Twice, in 1877 and 1870, there was pre-
tense OF paying the interest by making
appropriations, but nothing was in fact
paid, although all other appropriations
made at the same time were paid. Such Il
manner Of payment wasn't as good as Mr..
Micawer's plan Of paying by giving u
note.
All the arguments that could be made
in favor Of the pending amendment and
OF the continued use Of the school fund
may be considered under two heads.
First-llas the Board Of the school fund
the power to lend the fund to the State.
Second-iias the State under the Con,
stitution, the power to borrow the school
fund.-
Its claimed the board has the power to
lend under Article MI, Sec. A, ofthe Con.
stitution which provides that the fund "s
to be invested under such regulations MS
may be prescribed by law, in tho interest
bearing securities OF the United States or
Of this State, or il such interest bearing
securities cannot be obtained then in other
securities mentioned, and the interest
thereon shall be annually applied to the
support OF the free schools throughout
the State, and 10 no other purpose whas-
erer." This section means that the