Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-07-11
sto,e Ala for the Chicago Fair.

Has the Legislature the power 10 appro-
pirate money In aid Of Virginia's display at
the Chicago Fnirs This question has been
raised by persons who find in the Virginia
Constitution q section which seems TO an
swer the interrogatory in the negative;
and we are told that IL was because OF this
restriction the Commonwealth was not
represented at New Orleans.
We are not inclined to the opinion that
the Legislature is bampered by tins re-
,triction TO such an extent as to render IL
Incapable Of doing whatever may DE
necessary to enable the State to appear al
Cnlcapo as a free and independent Com
monwealth ought TO appear there. we
believe Ia the time-honored doctrine
which used 10 be taught in the Virginia
law-schools that the general rule IN
this country was that a State Legislature
had power TO do anything Cor almost any,
thing not forbidden by her own or the
Federal Constitution, whilst Congress had
only such powers as had been delegated
to it by the several States.
But we NAV be told that though this
doctrine is still sound the appropriation
under consideration cannot be made be
rause the State Constitution forbids it to
be made. Let us look into the matter.
Article X. section 20, reads as follows;
"No other or greater amount OF taxes or reve-
nue. shall nj any time DO levied than may DO
required for the necessary expenses OF the Gov
ernnent or 10 pay the existing Indebtedness OF
the State
Unless the appropriation TO the Chicago
Fair in forbidden by this section. 1T is not
forbidden at all. The first question that
arises is what are we to understand by the
phrase 1.-The necessary expenses OF the
government? What expenses are neces-
sary expenses? Can any money be ex-
pended under this section in constructing
a revenne-cu cutter pa vessel to run down
the oyster pirates? Can any be appropri-
ated to pay for pictures to adorn
the walls of the State Library or
books to put upon its shelves? Can
any be appropriated TO "junketing Can
any be appropriated to purchase furniture
for the Governors residence or to keep up
his stables or his vegetable garden? Can
any be appropriated to planting new trees
upon the Capitol Square. or trimming
those already theref Can any be appro-
priated TO guarding convicts at work upon
that Square? Can any be appropriated to
repairing and repainting the MONROE
monument in HollywoodY Can any be
appropriated to hundred purposes not
mentioned in the Constitution as purposes
for which money may be appropriated
or to any purpose whatever which could
not have been present in the minds of the
trainers of that instrument when they
added it TO the section under consdera-
ton? (For light upon this point read
United States Senator GEORGES speech in
favor of the BLAIR bill.)
We answer that beyond a doubt the Lee
eislature Is the only department of the State
government empowered to Judge as to
what are necessary expenses of the gov
ernment." Whatever that body decides
to be IA necessary expense is necessary
expense or else there are no necessary ex-
penses. The Governor has no power TO de-
eide such question except that he may
veto q bill appropriating money to pur-
poses which he does not consider consti-
tutional but the moment the bill is passed
over his veto the question of necessity is
disposed Of Otherwise how could any
such question ever be settled! Could the SUI
preme Court of Appeals OF Virginia decide
such questions? Hardly As the Supreme
Court Of tho United States in the West
Virginia cases decided in effect that the
Legislature (Congress) had already passed
upon the erection of West Virginia INTO
State. 30 the Supreme Court OF Appeals
OF Virginia would decide that the Legisla-
ture had already passed upon the question
Of the necessity for any given expense
authorized by law of its enactment.
For example, Section G Of Article Y
provides as follows;
"The General Assembly shall provide for
reasrcssmont Of the real estate. Pro
yided, in making such assessments no land shall
be assessed above or below its value"
Has this provision ever been carried out?
OF course not. Thousands of acres of land
have been assessed below their value. Was
the assessment invaldl The law provides
how erroneous assessments may be cor
rected, but if the officials entrusted with
that duty fail TO perform it their laches
will not invalidate the assessment.
SO as 10 section of the same
article. II provides that no debt shall be
contracted by the State except to redeem
"a previous liability OF the State" (There
are other exceptions.) Who is to decide
what is "a previous liability OF the
State"' Surely the Legislature must de-
eide. and its decision must be final, or else
there could never be q settlement of the
question.
We conclude. therefore, that if the Vir-
gina Legislature shall in ITS wisdom ap-
propriate money to aid in displaying her
riches TO the visitors to the Worlds FAIR
Of Chicago, the appropriation will hold
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