Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-01-31

to enable her Representative ttctc " JUL
vince the hundred sof thousands Of visitors
who will bs present. with eyes and ears
omen. that she has not only unlimited IN.
developed RESOURCES, bet thousands OF
acres Of farming lands awaiting the src-
cessful labors OF the industrious settler
coming to this State from any part OF the
civilized world.
We learn that the opponents OF an APP
preparation to the Exposition still object
that the Constitution forbids such use OF
the States revenue. We have heretofore
argued this question. but 1t may not be
aniiss to say word more on the subject
Section of Article X. We dismiss Is DOT
applying 10 the case before Us at all.
There is before the General Assembly no
proposition to contract q deot.' Inc
obstacle in the way OF an appropriation, IL
there is any obstacle, Is contained in sec
ton 20 of the same article, which reads as
follows:
Section 20. "No other or greater amount o.
tax or revenue shall ~ any time be levied taan
may be required for the necessary expenses o.
the government or TO pay the existing indep'eu
ness OF the State"
lit NAV be said of criminal statutes, %
the courts do say, that such statutes with.
out any sanction or penalty are not law az
all, q similar remark may be made toucn'
ing the above-quotsd sections. There Is
no penalty, and in the very nature Oh tine
case there can be none; because the Legisia-
ture is itself to Judge as 20 how much money
ia required for the necessary expenses OF
the government. Suppose that body ieVies
A tax of one hundred thousand dollars OF
one thousand dollars. OF one dollar. wnicn
tax somebody considers not required lot
the necessary expenses OF the dovern'
ment. what is the remedy? There Is
none. The Legislature is, we repeat
the sole Judge in the matter. Why'
there are numerous appropriations
made every year which some taxpayers
consider unnecessary nay, which may DC
affirmed with absolute certainty are not
requisite for the necessary expenses Oh the
Government. Is an appropriation to SUD-
stltute electric-l;ghts for gas-lights re-
ouired for the necessary expenses OF the
government? Is an appropriation to the
Soldiers Home such an appropriation
Or an appropriation to buy books and
paintings for the State LibraryP Or an APP
preparation to the University OF Virginia
or Hampton Institute. OF to the Blacks
burg Agricultural and Mechanical College.
or the Virginia Military Institute, or to in.
crease the pay of any officer of the Govern
ment, or for any one oathe hundred OBJ
iects to which the public money is annu
ally appropriated?
The true doctrine is that IL the Legisla
ture considers an appropriation ne
cessary one. that is the end of the matter
II is necessary. There can arise no con
troyersy or litigation on the subject. The
section above quoted means just what il
would mean if it read as follows:
"The Legislature shall levy no other or greater
amount OF tar or revenue than 1t shall deem re-
qulsite for the necessary expenses OF the Govern
ment," etc, etc.
The Constitution says that the legisla
tive, executive and judicial powers
should be kept separate and distinct
How? Not by one department acting fol
another and judging for another, but by
frequent elections" Suppose some
jealous opponent of an appropriation tc
the Chicago Exposition should apply tc
the courts for an injunction fo-biddin2
the Legislature to make such an sopro.
| pristion, on the ground that it would be
an unconstitutional appropriation, would
the courts grant such An injunction
They would laugh the petitioner to scorn
They would disclaim jurisdiction. Why
Because If the courts were allowed to de-
| eide whether the Legislature had made
proper appropriation in one case, they
| would have to be allowed 20 decide
whether that body had made any proper
appropriations, and so the whole power o.
making appropriations would be trans
ferred from the legislative to the iudicia
| Departments. This would be an inevita
BILE consequence of permitting one de
partment of the Government to usurp the
functions of another department.
What means section 20? What was thu
object of the trainers of the Constitution
| in putting it into that instrument? II
means Just what it says. 1t is advice e
the General Assembly: for it is nothing
more. 1t was intended to guard against
an OVERLOOKING Treasury, which. it Is uni
versally held, is the parent OF corruption
| II was not intended to tell our legislator
that they must heat the Capitol by stoves
as their fathers did. Nor that they mus
not introduce water into that building
Nor that they must not pay with tn
| States money for an elevator. Nor tina
they must discharge one watchman be
| cause there is one Waterman more than
requisite. Nor that they must not employ
pages to wait upon them.
Now, read section 20 over again and yoI
| will see that the Legislature is forbidden
to levy any greater amount OF tax than
| requisite for the necessary ex
penses Of the Government, and second, Il
pay the existing indebtedness of the State
| These two limitations stand upon th'
same footing. In both cases the Legisla
| ture is the sole judge. That body has jus
decided that 1t considers so many millions
of dollars the existing Indebtedness of th'
| State. Who can doubt that the Legislature
had the right to decide this question TO
itselfl And this power would have beer
just as indubitable If the Legislature haC
| fixed tho indebtedness of the State at
larger sum or at a smaller sum. SO as t
the proposed appropriation TO the Chicago
Exposition. 1t is for the Legislature alone
without dictation from any other depart
ment of the government. or from any per
son. to decide that question as In its iudg
ment it ought to be decided.
| The Balance Of Trade.