The Helena independent., 1893-07-02
fOR F|REMEN.
fnsy Gehsral Says No Funds
nn Drawn for the
ournAmsnt.
eo Other Appropriation
|Es 49, Which Must Take Pro-
III 8|glA oedoncs of Il.


) e1q1ey-C General Haskell has decided
& IN neney can be drawn from the state
~ eoS the state 6remen's associatio n
AZ III eoufuament. The legislature appro.
81 49, GOO for this purpose. II is prob
41oW that no tournament will take
u 1G4 Nnleae The amount IL raised by sub
~. Nothing has been done yet to
~ amount. There was some doubt
- aettine the amount Of tho appropria-
and Joseph X. Wood. an attorney at
Ii oeela, wrote 20 the attorney general
q rendered tho following opinion:
M loAR sir: Herewith We note tho receipt of
11se of June 26 and the reference therein
atainsd TO an opinion upon the constitu-
Il 1lenality Of the appropriation made by tho
{ taAe legisiaturs for tho purpose of defray-
& M NE sxrensss OF and awarding prizes at
h ~ stats dremsn'a association and tourna-
aspA W. have mot At any time rendered
4 ~ opinion upon this question. nor have we
1 b&en called upon 90 to do. We can deter
4 mine that question At this time without
I paasina upon the constitutionality of such
"a appropriation BY reference to the records
I q this Office, which show that the sum ap-
4 pgopriatsd for The state frcmen's assooia-
Sion Will mot b AVAILABLE for the year 1893 for
4 ~ feason that ahis appropriation with many
others will largely exceed the amount of
~ revenue collected BY the state. The'e
Il ere other bills that were passed and ap-
psoved prior TO the one making appropria-
zion fer tho Montana State Firemen's asso-
4 eiAtion. which cannot be reached. for in
otanos the 'dshoiency Of bounty on stock
! lestroying animals for the year 1892"
ssf3ounty on stock destroying animals for
+ ehe year 1893" and ''expenses of the state
beard Of charities." These three last
1 named bills. together with appropriations
L Tor all state inatitutions, are IN excess of
Nhe estimated receipts from all sources for
7 ths year 1888. hsncs The appropriation for
~ Montana Ktatc Firemen's association
viii mot be available at ALL
1T the receipts from the revenue OF the
atate had been sufficient to reach this ap-
psopglation. We doubt very much whether
0he state would question the same. even If
y could havs been safsly consended that
eaoh appropriation WAS unconstitutional.
The state officers regard an apISo opriAtion
na1e By the legislature a. binding NJ on
them 70 Garry out she will and intention OF
aach body and would not contest the
s.nssisesisn.sality OF. OF :1oh mol sspropri;sS; aaa;S
b done without desriment to
~ state. We believe the ruls of law TO be,
that Whenever the Legislature makes appro-
priations Ia excess Of the revenues. that all
auch appropriations made. under the consti-
tuition. are OF no force or effect whatever in
Law end nuRatory.
''That the appropriations herein referred
20 being In excess of the total tax provided
for b. Law are within the inhibitory pro-
visions Of section IL. article - OF the con-
etitution, which in substance provides that
no appropriation shall be made or any ex-
penssa authorized by the legislative assem-
bly, whereby tho expeditures of the state
daring any fiscal year shall exceed the total
tax the1sin provided for by law and nppli-
cable 10 such appropriation or expenditure
unless the legislative assembly making such
appropriation shall provide for the lsvying
OF sufficient tax. not exceeding the rate
allowed In section 8 Of this article. to pny
such appropriations or expenditures within
s1oh fiscal year. g,s.s...
''This appropriation 10 made. being in
excess Of the power of the legislature.
from the fact that added to other appro-
priations 10 will e1osed the total tar now
provided for by law and no provision hav-
Ina bssn made for levying tax to pay such
appropriation or expenditure within the
year 1888 and thsro being no moneys in
She state treasury not otherwise appro-
pr.atsd to take up warrants that might be
Issued for claims incurred thereunder, that
such appropriation is void under said pro-
vision Of tho constitution"