The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-04-18

ATTORNEY GENERAL DffIcE.
ISDIAsAPOLIs. April Il. 1855.
Hon. James n. Rice. Auditor OF State:
sIE-You have submitted to me the following In.
quiry: Am ! as Auditor OF State authorized TO
s,ne "a TsTrsns HP4n 5ns 1s Of sse IN
act entitled IAN AZ making an appropriation for
ire payment of John Martin for work ana larbor
aud materials furnished in the construction of
The new Hospital for the Insane Department for
NOm9n,' which wss not figned by the Governor
but fled By him in the office OF toe Secretary Of
o. tie amount named 10 said sclG
J. A statute msy become valid without the sig
nature ard sppIoval Of the Governor. The Con-
stiiuten Of Indiana TToyldes IF any bill shall
lot be returned By the Governor within three
Gays, Sundays excepted, after II shall have been
press 10 him, IL shall be law without MS
tisnsture, unless the general adjournment shall
prevent its return. in which case IL shall be law,
such adjournment snail file such bill, with his
objections thereto, in the Office OF the Secretary
Of state, who shall lay the same before the Cen
tTai Assembly 81 its next session, in ike manner
S. II IL had been returned to the Governor" TAR
tcle 3, Fec II. r. s. 1851. Sec. 140)
said bill viii become a law. unless the Governor
within Eve days next after the adjournment of
The General Assembly files his obi soIions thereto
IN the ufiee OF the Secretary OF State.
The fling of the bill in the Secretary Office
does not waive or abrogate the right of the Gov
ernor to veto the till at any time within the five
days prescribed by the Constitution aud until the
expiration OF said time Il does not become law.
7 e bill Is not jet Law, upon which you are au-
2 No money can be drawn from the Treasury
but IN pursuance OF an appropriation made by
law. article 10, Sec. or Constitution. r. S.
lssl. Sec. ISL II is the duty of the Auditor of
State TO draw warrants on the Treasurer for all
moneys directed BY law TO be paid out OF the
Treasury or. 5. 1851. sec. Soil, sub. DIV s. Sec.
5,c3s. 5f3o.)
The treasurer of Sta te is expressly prohibited
from paying any money out OF or transferring any
money from the Treasury of State except upon
The warrant of the Auditor OF State. (R. s. ISL.
Section 6sS
Tue Auditor Of State can, at no time, draw
warrant upon the Treasurer OF State unless there
be money in the Treasury belonging TO the fund
upon which the same is drawn 10 pay the same,
and in conformity 70 appropriations made by law,
IT, payment OF the same. (R. 5. ISL, Section
hose. May Rice, 81 Ind, $50: Rice vs.. State ex
Es Drapier, 90 Ind, 81 Rs.ine Us. State 20 Ind +,
So: the State vs. Ristine, 20 Ind. 345.)
Section OF the act TO which you refer makes
valid appropriation of S55. Gle IS for the payment
OF certificate or warrant issued TO John Martin
by the Comm issioners for the Indiana Hospital
for the Insane, II 1t shall become law.
The only condition annexed to the payment
thereof by the statute is that prescribed by Sec
ton 2 which directs that 1.-THE Treasurer OF State
be and is hereby authorized TO pay said sum to
said John Martin upox the presentation and sur
render OF the certificate or warrant Issued on the
ID DAY of November. 1851, TO said Martin.
IL IS my opinion that you are authorized and
required by said bill. if it becomes law to issue
your warrant upon the general func 10 John Mar
I'D for the amount of said appropriation If there
j. ey in the Treasury belonging to said fund.
II there is no such fund in the Treasury you are
net authorized 70 ftsue said warrant.
think your warrant to be drawn therefore should
recite end incorporate the condition prescribed
by the second section of faid statute, and the
Treasurer will be required TO pay said warrant
upon the presentation and surrender by said
Eartin OF the said certificate or warrant issued
Oh the I'd cay OF November, 1881, to him by the
commissioners for the Indiana Hospital for the
Insane. Respectfully, FRANCIS T. HoRD.
Attorney General.