St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-05-29

view of certain provisions of the conSti-
tuition of this state, whether you would
be justified in drawing your warrant for
the payment of the expenses of the coal
conference to be held in Chicago during
the present month, such expenditure
purporting to be authorized by a joint
resolution of the senate and house OF
representatives.
The provisions of the constitution
pertinent to the inquiry are as follows:
mo money shall be paid out of the
treasury of this state except in pursu-
ance OF an appropriation by law"
(Sectlon 9 of article 81
mo money shall be appropriated eX-
cept by bill" (Article 4, section 12.)
"Ihe style of all laws of this state
shall be: BE it enacted by the legis-
lature of the state of Minnesota
(Article 4, section l4)
The words "bill' and Flaw" as used
i'll the constitution are unquestionably
synonymous. 1t is clear then that the
constitution prohibits in express terms
the disbursement of moneys from the
state treasury except in the manner
above indicated. Is joint resolution a
law within the meaning of the cOnstitu-
tlon? A law, 1t is seen, is required to
nave certain style. or, as 1t IS said In
parliamentary language, an enacting
clause. The omission of the style thus
prescribed by tie constitution is fatal
to the validity of the measure. The
resolution in question is wanting in this
constitutional requisite; but even if
this defect could be overlooked, which
is wholly out of the question, a joint
resolution is not. within the meaning of
the constitution, law. TO hold other
wise would be to overthrow one of the
most valuable safeguards of the public
treasury.
Safeguards on Funds.
In all the constitutions adopted by
the respective states of the Union,
great precautlon has been displayed in
guarding the public treasury against
extravaganza, unjust and hastily coll
sidered demands. Next to the rights
of the citizens, the public treasury has
always been an object of solicitude on
the part of trainers of constitution.
Ii any measure deserves deliberatiOn,
1t Is the one which provides for the ex-
penditure of public revenue. If joint
resolution is a law in this respect, it is
so In all others. If it is effective for
the appropriation of money,it is equally
available for the enactment of penal
statutes and the imposition of taxes.
Indeed, if the Legislature may do so by
a joint resolution, "why may it not by
such resolution" 10 use the language of
an Indiana court, repeal the whole
body of laws now In force" MAY VS..
Rice, 81 Ind. 552).
As you have frankly suggested In
your letter of inquiry, the meaning of
the constitution is too plain for con-
ctrnnfinn G h,,t thOr
Ing in support of our views. MAY VS..
Rice, supra; Reynolds vs.. Blue, AZ Ala
bama 712; Brown VS.. FleiShner, Ore
gon 1874; Barly VS.. Wall, IL Rhode
Island 1S).
Neither the fact that the amount ex-
pressed in the resolution is small, nor
that the object sought thereby to be ac-
complished is praisWorthy, can affect
the question. 1t is enough to know that
the constitution plainly forbids you to
Draw your warrant tor any part of the
sum named. Even if you were to disre-
gard the constitutional prohibition,
the state treasurer would not only be
Justified i'll refusing, but in duty bound
TO refuse to pay any warrant thus drawn
for such purpose. Very respectfully,
ID. w. CHILDs, Attorney General.
All for Naught.
There seems no escape from the con-
clusion that justice is to be baked
again; that the men who have grown
richer every year by iniqultous methods
are to have the laugh on their short
sighted or designedly blind pursuers.
The commission. it is understood, has
advertised for information concerning
any crooked deals in the sale or pur-
chase of state lands. They have not
received any great amount of such in
formation up TO date, which IS not sur
prising; and the editors of papers IN
which the advertisement was printed
will probably have to whistle for their,
pay.
Later developments, it is hoped by
some, may offer a solution of this wholly
unfortunate and deeply regrettable
business: and if such should prove to
be the case the people of Minnesota will
have cause to rejoice.