Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-12-22

.e"tary 4,O25 IS
Nov. 8. Expense list, Deaf and
Dumb school. ...,.............. 1884 40
0 III. Expense list, Mayville
Normal school. ............. 1894 Al
NOV. II. Expense list, Asylum. 4,S66 50
Nov. IA. Expense list, State Uni
versity ......................... 4,s2S %
Nov. Is. Expense list, Soldiers
HOilit. Ill ~
Dec. 8. Expense list, Valley city,
Normal school. ............. 1884 92
Dec. II. Expense list, Asylum -. 7,5OS 10
October. Estimated Worlds Fair
commissioners ..............:. 1000 90
Vouchers filed in October. Novem-
Der and December, for various
persons, about. 5000 90
Total. .$75.494 81
With a probability that claims to the
amount Of some $4,000 more will be in this
office by the end of the present week.
Warrants are being issued as fast as money
comes in with which to pay same as issued.
Sixth-Other serious questions arise
in addition to that of the debt limit OF
this state having been reached and no
money in the general fund of the state
to issue warrants against, and on these
defendant desires advice and decree of
the court as we'll to protect him as 10
| guide him.
It is claimed that the powers of our
legislature are limited by the provision
contained in our state constitution, and
that when those acts exceed these limi-
t%ations, and when the constitution has
expressly spoken the legislature is ex-
cluded from modifying or embarrassing
those express provisions that it has made.
In this connection defendant finds that
our state constitution has named all our
state and supreme court judges, and
numbered how many they shall be-, and
has provided the annual salary they shall
each receive, and so with each state
officer named in Section 81 of our state
constitution, and that it has provided
that no legislature during the term of an
incumbent of one of the state or judicial
officers shall reduce or impair his annual
salary thus fixed, and that the total
annual salaries of these state officers are
as follows: Judicial, $4,000; and the
other state officers that are named in
Section "a, s25,80O, making a total $685.
800, which defendant is advised is a first
and prior claim on any moneys now in
the general fund of the state or to come
therein. In the exigency that now exists
on this point defendant desires the di-
r%ection and Judgment of the court.
Next it is claimed that in the exigency
that now exists, appropriations are to be
satisfied in the date of either the passage
or taking effect of the various Legislative
appropriation laws of this state that are
yet in force, and on this point the de-
PENDANT desires the advice and decree OF
the court to guide him. All legislative
appropriation acts of this state that are
now in force, are believed to contain the
words mot otherwise appropriated
which, it is said, are to be construed thai
unless such sums as have been thereto
fore appropriated, cannot be met and
discharged for the period covered out Of
that, or it's designated fund, or by war.
rant inside of the debt limit of the state,
then such later appropriation act by it's
very condition nev becomes operative
With a view of aiding the court to solve
this question intelligently, defendant
gives to it the following list as appropla.
tions, arising under the constitution OF
laws yet in force, and that were enacted
prior to the assembling of our last legis.
lature, and that are known rs standing
annual appropriations, these amounts be-
ing given to show the sums necessary to
meet them where the appropriation is an
open ore:
State judges and certain Off
GERS salaries northumberland $500 OF
State officers clerk hire and Of
flee expenses $4,000 o.
Supreme court expenses. ..... 5000 on
Maintenance Of capitol ........ 1000 On
Arrest and return of fuSitives
from Justice \ $50 o.
Transportation OF c0nvicts to
penitentiary .............. 5000 N
Transportation OF patients to
asylum 1000 o.
Insurance public state build
ings 1000 o.
State library. 1850 On
State militia 1000 On
Bounties 5000 0.
Teachers institutes, 1850 on
Mileage and expenses Of state
boards other than institutions 1000 On
That of boards of institutions. 5000 On
Public printing .............. $4,000 N
Miscellaneous expenses.... .... 5000 o.
Total. 10000 O
The following appropriations wert
made by laws containing an emergency
clause and that went INTO operation priol
to March Is, 1893:
<l... . Sol,noI fnr ihn 1oof