The record-union., 1895-03-29
THE AID TO ORPHANS SECURE

The Governor having properly stricken
out of the general appropriation bill the
item of S650000 for the support of orphans
and half-orphans in charitable institu-
tions, the question has been asked on all
sides if that leaves the orphans unpro-
vided for? We reply unhesitatingly, no.
That fears of that order may be set at
rest, we state the facts and the law.
By the Act OF March, 1880. the Legisla-
ture extended aid to orphans in these
words: There is hereby appropriated
out of any money in the State Treasury
not otherwise appropriated to each and
every institution in this State, conducted
for the support and maintenance of
minor orphans. hslf-orphans or aban-
doned children. ETC., etc." Then follows
the naming of the sum per capita "per
annum' as the rule of determining the
amount of the aid to be given This is
followed up by specific and detailed di-
rections for ascertsining the number of
orphans in the institutions, the keeping
of records, the preferment and authenti-
cation Of claims for the aid, the submis-
sion of the same to the State Board OF
Examiners, etc. 1t is specified that the
payments shall begin July, 1880, and
there is no time specified when they shall
cease. The Act is continuing, and pay
ments have been made of claims under
1t for fourteen years.
In all that time there has been no other
legislative expression OF appropriation
than that quoted. The Act clearly is
based on Section % of Article ". of the
Constitution. This provides that no
money shall be drawn from the Treasury
but IN consequence of appropriations
made by law" ETC., nor for the use of any
corporation or association or institution
mot under exclusive control and man
agement of the State" except that the
Legislature shall have power to grant aid
to institutions conducted for the support
of orphans, abandoned children and the
aged INDECENT according to "a uniform
rule, and proportional to the number of
inmates" ETC.
Section % Of Article ". of the Consti-
tuition prohibits items in the general ap-
preparation bill for any institution not
under the exclusive control of the State.
The orphan ayslums are not under the
exclusive control of the State, therefore
the Governor properly vetoed the item
referred to, and which has not heretofore
been put into any general appropriation
bill, but has been held to be appropriated
under the continuing Act of 1880, re-
ferred to above.
The question then is, Is the Act of 1880
sufficient appropriation q? and we reply,
certainly it is, because it gives aid by the
exercise OF the legislative power accord
ing ITO uniform rule, and ''propor-
toned to the number of inmates" The
appropriation it is specified shall be paid
annually-to use the words of the Act
per annum," and specific method is
provided for ascertaining the number Of
inmates aud for authenticating claims
against the grant of aid.
In the very nature Of things the spe-
Citic amount OF aid could not be stated in
any bill for any year in advance. The
mum Der OF inmates, and hence the amount
OF the aid, are unknown quantities, and
cannot by preceding legislation be ex-
pressed, and hence the requirement that
there shall be a uniform rule" set up
Tor ascertaining the sums to be paid. The
payments are to be made "out of any
money in the State Treasury not other
wise appropriated" and the Supreme
Court has said that this meaus the gem
eral fund always.
Now what has given rise to any doubt
about this Act being an Act of appropria-
ton, as it has been accepted to be all these
years? Simply, the decision in what is
known as the coyote case, decided Feb
ruary %, 1895. Let US, therefore, ascer-
saln Ii that decision applies to the case of
AID to the orphans, the fear that it might
probably operating to make the late Leg
lslature put the appropriation into the
general appropriation bill, which item
the Governor has vetoed and thus bring
about the present alarm.