The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-05
THE LEGISLATIVE AND THE EXECUTIVE.

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The law comprised in sections 2,75s-
2,761 of the code was passed specially for the
purpose of allowing the continuance of the
ordinary work of the State benevolent insti-
buttons in the event of failure of the GEN
eral Assembly to make the regular biennial
appropriations. 1t is true the warrants
must be ordered by the Governor, the Secre-
tary and the Treasurer of State, and that the
latter two officers are now Democratic, and at
all times the three may be of varying poll
tics. But now that there is necessity for
the application of this law we shall be
pleased to see Mr.. Myers and Mr., Cooper
assume the responsibility of declining to
unite with the Governor, and thereby either
compelling the closing of the institutions
manner. That is a responsibility which We
would like to see these gentlemen assume, or
! theirsuccessors in Office at any time when the
necessity of such action may again arise.
Captain Myers would soon find out
not only what Kilgore meant, but
also what the people meant. These sec
tons fully cover the ordinary expenses OF
the benevolent institutions, and, so far as
they are concerned, there can never be suffi-
cient necessity for special session of the
General Assembly because of failure of the
appropriation bill.
And we venture the remark that no man
with fair average common sense-we do not
mean lawyers, whose business it is to split
hairs but men of simple ordinary intelligence
and fair business capacity-can read section
1927 and 4,92S without seeing that the in
tention of these provisions is to provide for
the payment of the ordinary expenses of the
State government and of the Supreme Court
and give to the Governor specified sum Of
81, 900 for contingent expenses If these
two sections are imperative because
of failure of regular BIZ
ennal appropriation bill, we should like
to ask any man, even lawyer, what is the
sense of the express stipulation of the
amount of the contingent money placed at
the disposal of the Governor out of the gen.
eral fund. the existence of which fund is also
provided for beyond any possible contin-
gency. The reading of section 4,729, which
goes on to state what, in addition to these
specified matters, shall be paid out of the
general fund when they are to be paid at
all, confirms the construction that the first
two sections are executory and continuing
and that it is only the objects embraced in
the third section named which need an APP
preparation before they shall be paid for.
The State has been crippled in former years
by the malignant defeat Of the appropria-
ton bill, and the unquestioned purpose of
the sections OF law we have referred to was
and the general branches of
the State government to proceed in their
ordinary operations without interruption, so
that the executive department may be prop
erly independent of the legislative depart
ment, and not be forced into the calling of
special session unless "the public welfare
demands it'--something outside of and be-
yond the ordinary affairs of the government
Any other construction of these sections, in
their letter, spirit and intent seems TO us to
be unwarranted and absurd-strikes down
the independence and very existence of the
executive department of the government
whenever the legislative sees fit; even more
and worse, puts the executive at the mercy of
a majorityof one branch of the legislative
department., overthrows the checks and
balances of the triple system of the govern
ment. and sets up an autocracy of the ma
jority of one legislative branch alone. Such
a construction should not be tolerated for a
moment.
"WHY were Harry Adams, Dan Ransdell,
Sandy Foster, John Henry, Nose McLain,
Sheriff Hess, Rhody She Jess Adams and
0thars of like fea her So activ We about tha