The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-10-10

ton in this state created large state
debt in violation OF the constitution.
Is this true or not true?
As to the creation of the debt, it is
true, as is evidenced BIZ table printed
in the Auditors last report. and on
page 1913 Of tho State superintendents
last report, 1900. These official reports
show bonded state debt Of slS4,5ll IS.
This amount is owing to the school
fund. How much the floating indebt-
edness of the state is, we have no
means of knowing, since no report has
been made later than that for the fiscal
year 1890. The dates andumounts oftheir
bonded debt arc as follows: October
20, 1873, $1,000; August 10, 1876, $751;
900: September rs, 1876, Sll, 900; June
10, 1877, $15,54l 4S; April 10, 1888, S34.-
900; Juno 0, 1886, 5000; June II, 1889,
$4,000; and "a temporary loan TO the
state for hospital for the insane" Si9,-
900, which was made February 20, 1879.
There Is no question, then, OF the ex-
istence OF large state debt OF at least
the amount here given.
ron WHAT DEBT MAY BE CONTACTED.
Now for the second point,-that this
debt was made and exists contrary to
the constitution OF the state. Sections
4and 5 of Article 10 of that constitution
declares:
mo debt shall be contracted by this
state except Il to meet casual deficits
in the revenue, r. to redeem a previous
liability OF tho state, III to suppress in.
surrection, repel invasion, or defend
the stateIn time OF war.
whenever any deficiency in the
revenue shall exist in any year, it 1.-THE
legislature1 shall, at the regular session
thereof held next after the deficiency
occurs, levy a tax for the ensuing year,
sufficient, with the other sources Of in
come, to meet such dyicxncy as we'll a.
the estimated expenses o. such gear"
II will be seen that there arc three
purposes, and only three, for which
state debt may be created, to wit: first,
ito meet casual deficits in the revenues"
second, ITO redeem a previous liability
--oi the state" (Which was put into the
constitution 10 cover any amount of the
! debt OF Virginia which this state might
assume as her share thereof, and
third, ito suppress instruction" etc.
All know that this debt was not created
for either OF the two last named pur-
poses, and that it was created to meet
casual deficits" in the revenue. Hav-
ing been created for that purpose, the
constitution declares that the legisla-
ture "shall, ut tho regular session
thereof held next after the deficiency
occurs, levy tax for the ensuing year,
sufficient, with other sources OF income,
to meet such deficiency, as well Us the
estimated expenses of such year." 1t
was, then, the duty OF the legislature OF
1875 to provide for the payment Of the
loan OF 1873 1t did, indeed, appropri-
ate money to pay the debt but it ap-
propriated so much money out Of the
treasury for other purposes that not
only was this debt not paid, but an adj
dition was made to it. Tho legislature
of lS77shirked its duty also, as did the
legislatures OF 1879 and 1881 and all
others up to date. For several years
not dollar OF interest was paid on this
debt. Allowing this debt to exist and
increase year after year, legislature
after legislature, was and is fragrant
violation OF the constitution.
ILLEGAL RAIDS on THE SCHOOL FUND.
But not only is the existence of this
debt violation OF the constitution,
but the taking OF it from the school
fund is violation also, for section Of
article 10 declares
Nor shall any money or fund be Ia
ken for any other purpose than that for
which it has or may be appropropri-
ated or prorided."
This provision was not in the old
constitution. 1t is peculiar to the pres
ent constitution. 1t was put in there to
prevent Just what has been done. In
ISL, before the Democratic party had
actually como into power in this state,
State Senator Henry Il. Davis, and
Delegate j. NJ. Jackson, in report
made to the legislature, declared;
HENRY c. DAVIS AND JUDGE JACKSON
QUOTED.
"The school fund, which is main
tanned by taxation and the income
from investments, should always at
the end OF each fiscal year be SGT apart
for its own purposes, and should never
be estimated with the funds OF the gem
eral treasury which are subject to legis.
lative appropriations. Each fund should
be applied 10 is oirn legitimate purposes,
ana should nevsr DC used 10 supply d detici-
mcy in any other department, iehtch has
heretofore been the case.
1t was evidently upon the suggestion
OF these distinguished Democrats that
the foregoing quotation from Section 8 Of
Article 10 was placed in the constitu-
ton.
We have thus shown why this provi-
sion was placed in the constitution. And
we declare thatthis section was intended
TO prohibit, and ought 10 prohibit, the
taking OF the school fund OF the state
for any other purpose than that for
which it was provided. Fortunately,
we are in possession OF high Democratic
authority upon this point. Said Gov.
John ]. Jacob, in his message Of Octo-
Der 20, 1873, one year after the present
constitution went into effect:
GOVERNOR JACOBS OPINION.
1.-THE amount OF revenue, coming in
during the present quarter will neces-
sarily be small, aud probably be made.
ouate to meet the demands on the treas
ury. This is not q new condition Of
things; it has frequently existed before,
but heretofore when 1t happened that
the fund provided for general purposes
was exhausted, it was the custom to use
teninnrnriln the general school fund