The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-09

IUG0k, Ft AEVs Ot k103s 1Vs @&A ~ hANtsoA HANtA
be paid out Of the treasury except by MP.
proprintions made by law, and on warrants
drawn by tho proper officer in pursuance
thereof, sxcept interest on tho public debt"
Art. 6, SEQ. ~.
We viii consider in this connection other
provisions; "All taxes levied for state
purposes shall be paid into the stata
treasury, And no money h DO drawn
from tho treasury but in pursuance OF ape
cific appropriations madc by law" ART. y,
SEQ. 10. Many of the rules OF construction
are applicable to statutes and the oonstitn-
ton. MIR. Eadlioh, in his work on inter
prstation Of statutes, says; Ono Of these
assumptions IL that the legislature does
not intend to make any alteration In the
law beyond what it explicitly declares,
either in express terms or by unmistakablo
Implication; or. in other words. beyond this
In all general matters beyond. the law rs-
mains undistsrbed. It is in the last degree
improbable that the legislature would over
throw fundamental principles, infringe
rights, or depart from the general system
Of law. without expressing its intention
with Irresistible cleArnsas." Sec. 1l3, and
cases cited.
The same author also writes: in
statutes, the presumption against an inten-
tion to change the existing law beyond the
specific purpose of the enactment MAY
Greats numerous apparent exceptions from
u k0A0la Language 0AARAoyoNs nv 40 SAS
construction of u constitutional provision
y duo regard for the existing, whether stat
utory or common law, may produce q slnl-
lar result. y y v In auch case no intention
to abrogats previous existing laws in general
can be presumed in the abAsnoe Of sx-
preston 10 that effect. II is, therefore, a
sound rule Of constitutional interpretations
that \ constitution is to be construed with
reference to previous lie sislation." Sec. $40.
and case Cited. We are therefore aided i'll
the Interpretation Of these sections by re,
sorting to the statutes of the territory gov
presumed in the absence of plain and di-
rsot language to tho contrary in the consti-
tuition, that the uniform policy OF the ter
torial government was to be continued IN
der the organization Of the stste.
W. do not rely in this discussion upon
mere prssumptions. We have already re-
fsrred to the solemn declaration of the
constitution that the legislation Of the ter
ritory, with definite exceptions, was to be
carried into effect. Some of these statutes
will Be noticed. @
The first legislative assembly in the act
supra. approved December 26. 1864. pro-
vides: ''That the auditor Of the territory is
hereby empowered to issue territorial war
rants, drawn upon the treasury of tho ter
ritory in favor Of Ill persons to whom the
legislative assembly OF the territory may
direct" SITS. l, 1885,. psge 1923, acc. 1.
This phrassology hao boon retained. Com
piled statutes 9th div. SEQ. 1929. The fourth
legislative assembly re-enacted Dec. Z, 1867,
by the authority of congress-, n law which
had beau approved Dec. is, 1866, and an
nulled March 2, 1867, to-wit:
'The territorial auditor OF this territory
10 hereby forbidden to issue any warrant in
favor Of any person, drawn upon tie
is authorized by law expressly, in which
the name Of the party shall be specified. the
mature Of the service performed, and tho
amount specified for the performance Of
such service. SITS. 3, ssss. IS, IA Us SITS. 427.
SITS. 4, sess. 80. This section has not been
amended. Compt. sts. 5th div, sec. 1929.
proved December Sd, 1867, provided:
''Thst the auditor of the territory
upon the territorial treasurer in ia
vor Of any person, without express author
ity of law, and then shall specify the name
OF the party, the service performed for
and number of the warrant Sts. 4. sess.
SIS, sec. j. This statute has not been modi-
fed. Comp. sts., 9TH div, see. III.
When these statutory provisions are COM
pared, it will be seen that although the Ian
guage of the constitution may be different,
the effect was identical and the same end
was accomplished. No warrant could be
drawn upon the treasurer of the territory
which was not empowered by an act Of tue
Legislative assembly. and such is the decla-
ration Of the constitution prescribing the
necessity for an appropriation. Ihs pay
ment of interest upon the territorial war
rants was regulated by the general law and
special statutes were not passed to give in
tsrest to any creditor. The interest upon
the bonds of the territory was controlled
by tbs respective acts which authorized
their creation and no other legislation
thereon was had.
We recognize as a fundamental law the
section supra, which does not require an ap-
preparation to enable the proper officer to
pay tho interest upon the public debt of the
state.
In what manner has this fiscal depart
ment been affected by the transition from
the territorial to tho state system of eov-
eminent? Where is the clause in the con-
stitution which has ordained that any other
mode shall be adopted with respect to the
payment of interest on warrants in the
transaction of similar business for the
state? 1t is insisted. however, that the OK
PRESTON, public debt" Was used in its
limited sense and comprchends solely one
class Of indebtedness bonds. Upon the
other hand it is asserted that the words
have q broad meaning and include every
speoiea of liability. Parti-dsfnitiors can
DO produced which support both sides of
the contention. The term public in the
foregoing sections deslgnates the debt as
that of the State of Montana.
This identical phrase, public debt" ia
employed in the fourteenth amendment to
the federal contributions: Tho validity of
the public debt Of the United States, au-
theriZed by law, including debts incurred
for payment of pensions and bounties for
services In suppresslng insurrection or re-
bsllion, shall not be questioned. But
neither the United States nor any state
shall assume or pay any debts or obligation
incurred in aid Of Instruction or rebellion
against the United States, or any claim for
the loss or emancipation of any slave; but
all such debts, obligations and claims shall
be held illegal and void"
The words debts. obligations and claims
have bean selected with precision, and the
distinctions are drawn between the ways in
which the debt can bs authorized or in
CURED.
Judge Cooley states that the chief object
OF this section whom amended was: ITO pro
tect the credit of the nation, first by affirming
the unquestionabls character osthe national
indebtedness, and second, by pecluding the
assum ption by tho nation or obligations
with which it could not with any Justice be
burdensd." 9 Story Constitution, 9Th Ed,
SEES. ], $3.50.
Judge Cooley includes by the words ina
tional Indebtedness tho public debt and
other debt of the United States which have
been incurred.
What then is the debt of the state? The
trainers of our constitution performed tho r
grave duties in the light of this financial
legislation Of the territory. They could
clearly and definitely restrict tho affect of
tho words 'public debit by the insertion of
the term bonded, or any other modified