The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-07-15
THE FARMERS INSTITUTES.
The Appropriation Therefor the Legislature
Evidently Intended TO Be Annual.

President Smart. Of Purdue University,
recently wrote to the Attorney general
that the trustees of Purdue University,
after consulting with the leading agri-
culturists of the State. believed il to be ex
tremely desirable to conduct farmers in
stitutes next year as heretofore. They
therefore requested the Attorney general
to render an opinion as to whether the act
of 1889 authorizes the State Auditor to
draw his warrant for 5000 per annum; or,
in other words, whether this appropriation
Is continuous appropriation, or mott
The Attorney general replied that the in
stitufe created by the act of March 9,
1883. 10 pnreiy an educational one, and
shall be carried on from year to year so
long as the statute creating 1t IL IN force.
The second section of the law provides that
such institute shall be held at such time
and place as the committee of experimental
agriculture and horticulture and the
faculty of Purdue University may de-
termine, and under such rules. regulations,
and methods of instruction as they may
prescribe. The Institutes ehall be so con-
Quoted as to give those attending them the
results OF the latest investi CATION In theo.
retical and practical agriculture and horti-
culture. The third section provides that,
for the purpose of carrying out the pro-
visions of the act. paying the salaries Of
Tue iuotTuCtoI6, ana Otlcr NECESSARY tA-
penses, there shall be appropriated the
sum of $1,000 to be expended under the d.
rection of the committee of said board of
trustees, who shall annually report such
expenditures and the purposes thereof to
the Governor.
THE act does not by express terms,'
said the Attorney general. provide that
the appropriation of s., 900 shall be paid
annually, but IL ex pressly declares that said
amount is appropriated to carry out the
object of the act. To authorize the con-
tinuance of this appropriation and the pay
ment OF said sum annually. the authority
to do SO must be carried into the third acc
ton thereof by judicial Interpretation. and
to Justify such construction the whole
act must be- construed IN pari materia.
The context of the act. il will be seen. does
not limit the appropriation to any particu-
lar year. but makes an appropriation for
the purpose of carrying out the object OF
the law, and in the absence of such limita-
ton the appropriation would continue so
long as the provisions of the law were in
force. The presumption of law is, in
constituting statues, that the Legislature in
tended TO provide means of carrying into
operation the provisions of the statue. 1t
seems quite clear that the several sections.
when read together must be construed as
meaning that for the purpose of prosecnt-
ing the work of these institutes there Is an
nually appropriated from the general fund
the sum of 5000. The strict letter of the
statute shOnld yield to the obvious intent
of the Legislature. And when 10 is plainly
perceiyable that particular intention.
though not precisely expressed. must have
been in the mind of the Legislature, that
intention should DC enforced. and carried
out. and made TO control the strict letter"