Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-06-11
CAN NOT DO II.
No Lawful Method of
Using the States
Money.
ALLLAWYERS AGREE.
Governor Beavers Only Way to
Call the Legislature
Together.
PRIVATE BONDS NOT GOOD,

The announcement that Governor Beaver
was to draw on the State Treasurer for the
funds TO clear up Johnstown, raised furor
yesterday among the members of the General
Relief Committee and lawyers of the city
The legality of the action was discussed on
every hand, with the same result-that it was
not legal. Some members of the Executive
Committee of the General Relief Fund ex-
pressed it as their opinion that the Governor
would not get the money at all, without calling
special session of the Legislature.
In view of the action taken by the Governor,
the committee do not feel sure by any means
that their troubles are over. If the Governor
cannot get the money until the Legislature is
called together what is to be done in the mean
time. with the work TO be suspended by Booth
d Finn tonight and no promise of pay day?
Besides the pay rolls of Booth Flinn's men,
according to agreement, are to be paid by the
committee and refunded by the Governor, but
when? With view Of finding out the legal opin-
ions OF some of the lawyers in the city best
posted on matters of State government in re-
gard to the legality of the Governors plan of
raising the fund, corps of DISPATCH report
ers was sent ott yesterday and returned with
the following interviews:
A Section That Settles II.
Mr.. George Shiras, Jr., would not give his
opinion in words, but taking down a copy of
the State Constitution he turned to section Is
which reads as follows, and, pointing to it, said
that it and the paragraphs that follow 1t are
authority:
treasury except on appropriation made by law
and on warrant drawn by the proper officer in
pursuance thereof.
Hon John Dalzell was 10th to give his opin-
ion on political principles, but agreed with the
others "Auy lawyer will understand my opin-
ion" said Mr.. Dalzell- as he handed the
porter the following:
Il would prefer rot to express any opinion
ON the subject because l am perfectly satisfied
that Governor Beaver will not take any step in
the direction indicated without deliberation
and consultation with the Attorney General of
the Commonwealth, and feel perfectly salts
fed that upon deliberation Governor Beaver,
as a lawyer, will reach the same conclusion that
the Attorney General Will reach on consul
tation, because there is only one opinion, in my
judgment, open to any lawyer. That opinion
will be the opinion entertain now"
Not One Cent.
ExJudge Fetterman said: at is impossible
for the Governor to appropriate funds from
the treasury for one cent or $1,000 COO without
a special session of the Legislature author
lZng him to do it. 1t makes no difference
whether the bonds of 200 OF 1000 men are given
security. The office of the Treasurer is lim-
tied, and one of the limitations is that he shall
not pay out any funds without consent from
the Legislature on the request of the Governor
or anyone else 1t would be malfeasance in
Office and his bondsmen would be held liable
IF Sl,OOoOOO is appropriated it must be
through special session of the Legislature,
The consistency of the thing is impossible.
Impossible TO Divert Funds.
''The Legislature will not meet again for
year and half, and how can the Treasurer
overt funds from the use they were intended for
/snd appropriate them to something else? 1t isim-
possible. II it were so, any legislator might
borrow funds on his bond and the very Office
OF the Treasurer gone and the treasury would
be naught but q bank for dealings.
THE Governor must have consulted with his
Attorney General, but if he has decided on
this plan of raising the funds, he could hardly
have considered the question, as it is utterly
impossible. unconstitutional and ilegitimate,
ana dangerous precedent"
Major Brown Js Emphatic.
Major A. NJ Brown, who Is classed very high
as gentleman well informed on the Constitu-
ton, said in answer to THE DIsPATCH's
query: "The Governor has no power whatever
10 individually appropriate funds from the
State treasury without the Legislature says so;
no matter if he does offer bond given by good
people Perhaps. however, be intends to as
sumo the responsibility of the proposed action
and hope for confirmation by the Legislature
when il convenes in two years. The State
Treasurer has no legal right to give the money
upon the order of the Governor, as he is there
70 protect the treasury and the peoples money.
ut seems to me, considering the vast import
OF the JOhnstOwn matter, it would be nothing
more than bounden pToUriety to call the, Legis-
lature together again to appropriate the sum
proposed. 1t is expensive, that's true, but the
circumstances are such that would warrant all
outlay Of funds in accomplishing such great
and necessary good"
Hon. Thomas NJ. Marshall said In his charac-
teristic manner, mo more right than have"
when he was questioned on the matter. ut is
simply out of all reason for Governor Beaver
to take the stand he has in offering to abstract
practically from the treasury s., COO 900 without
beng legalized so to do. The law and Consti- |
tuition govern such things, and they must be
recognized"
1f Is Utterly Unconstitutional.
John C. Shoemaker, ex-Deputy Secretary of
the-Commonwealth under Governor Pattison, |
said: It is utterly unconstitutional and it can
not be done as proposed by the Governor.
'Of course Governor Beaver has the authori- |
ty to call the Legislature together, which body |
can legally agree to appropriate the money, |
but his power relating to this matter stops at |
that. / think under the appalling circum- |
stances an extra session should be heidi
Other legal gentlemen who are up" on the 1
affairs of the State conceded with the views of |
the former ones TO letter.
e. Q. Dickey. ESQ.,. coincided with the others /
whose interviews are given above. He said: |
1.-THE bondsmen of the the Treasurer would be /
responsible, for the transaction would be a |
personal one with him the same as though they |
obtained the money from private party. 1t is
certainly unconstitutional, and he would have /
TO trust wholly to the Legislature to help him
OUT
SPRING WATER is BAD. |