Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1891-03-26

lowing is his reply:
STATE or MICHIGAN,
ATroRSEY-GENERAL's OFFICE,
lansing, March %. 1891.
To The Honorable. the House of Represent
aiiscs:
Your resolution asking my opinion
concerning the following resolutions:
"Frst-Has the Legislature of this
State at this time the constitutional
right TO authorize the payment OF
bounties To soldiers of the late war,
which bountles were not in any man.
ner promised or authorized al the time
of enlistment, or any time during the
war? Second-iIas the Legislature
authority 10 authorize loan by the
State, and the issuance of bonds TO OBJ
tam money for he payment OF bounties
10 SAID soldiers, which hounties were
not authorized or promised at the time
OF enlistment during the warp is re-
cetved and considered.
To your first inquiry answer yes.
Even though tins bounty should he
construed rs 4 gltt To such soldiers, un-
der article 4, section 45. the constItu-
ton giving the Legislature authority,
10y vote OF two-thirds of the members
elected to each house. to appropriate
public money for private use, the Leg
islature would have the authority to
grant the bounty.
No Authority to Bond the state.
While | am OF the opinion that the
Legislature has authority To vote boun-
ties that have not been authorized or
promised 1T the time of enlistment or
| during the war, and that they have
authority to appropriate public moneys
to pay the same, yet find no authority
III the constitution To bond the State in
| times OF peace to borrow money To pay
bountles that have not been promised
| or authorized IN times of war. The only
authority found in the constitution for
borrowing money or pledging the
credit of the State is found i'll article
XIV, sections 3. 4, 6 and a..
Said section 3 relates to deficits in
revenue, and limits the amount to be
borrowed tn fifty thousand dollars.
Said section 4 gives ample authority TO
raise money for bounties, or to pay
other debts contracted, "to repel inva-
sion, suppress insurrection, or defend
the State in times of war;" Said Sec
ton 6 provides that the credit of the
State shall not be granted to or in aid
OF any person or corporation. SAID
section provides, "No scrip, certfi-
Gates or other evidence of State indebt-
cdness shall be issued, except for re-
denption OF stock previously issued. or
such debts as are expressly authorized
by this constitution"
Bonds Evidence OF Debt.
Bonds are certainly "evidence of in
| debtedness" and by the sections above
cited mo evidence of state Indebtedness
shall be issued. except for such debts
as are expressly authorized by this con-
| stitution." Bounties given IN times of
peace, when not promised or authorized
at the time of enlistment or during the
war, are not debts expressly author
| lied by the constitutions" and however
mach | may desire that the soldiers
| bountlcs may be equalized in this state;
vet it seems clear to me to bond the
state for such Oh object would be a
/ plain violation of the constitution.
must. therefore. answer your second
| question, that II Is my opinion that the
! legislature has not the authority to
authorize loan By the state TO obtain
money for the payment of bcuntles to
| pay soldiers, when the bounties were
4 not authorized or promised at the
time of enlista,ent or during the war.
| Justice to the Soldiers.
The state now has right to raise
money by issuing state bonds in
the snm of 1894, 200 to pay
bountles TO Michigan soldier. The
first claim on this money, of course.
would he to pay bounties which were
promised during the war. After such
hountics were paid, any surplus would
be at the disposal OF the Legislature to
pay any other bounties that might
he granted. The state also has a
| fund TO its credit with the general gov
ernment of half a million dollars.
winch is to be returned 10 the state as
| our part of the direct tax money. This
money, which was taken from our peo-
pie for war purposes. with the surplus
| of the fund that we have legal right
to raise by bonding the state. If the state
desires. could hc used to do equal JUS
tee towards all Michigan soldiers.
Respectfully submitted,
A. A. ELLIS, Attorney-Genoral.