The record-union., 1895-03-07
1T CANNOT BE DEFENDED.

Section 22. No money shall be drawn from
the treasury but in consequence of appropria-
lions made by law, and upon warrants duly
drawn thereon by the Controller; and no
money shall ever be appropriated or drawn
from the State Treasury for the use or benefit
OF any corporation, association, asylum, hos
pital or any other institution not under the
exclusive management and control of the
State as a State institution, nor shall any
grant or donation OF property ever be made
thereto by the State.-Constitution of Cali
1ornia.
DEFINITIoN-T1Stit,tte: To fix; to establish
TO found; to erect; to appoint; to enact; to
-WOrcester's Dictionary.
Institution: The act OF instituting or estab-
fishing; establishment; settlement.-Worces-
ter s Dictionary.
From the foregoing authoritative def
milton, State institution is necessarily
something established by the State, since
to institute is to establish; to found; to
erect; and since institution" is the act
of instituting or establishing, it follows
that a State institution is something
fixed, established, founded and erected
by the State OF California.
Constitutions are adopted by the people
OF State. They are drawn in the Ian
guage which is written and spoken by
the people establishing them. A Consti-
tuition written in the common language
of country is to be construed according
TO the obvious meaning of that language.
1t is the business of the legal profession
to find ambiguity where none exists, and.
unfortunately, it is sometimes the Office
OF courts to set aside the obvious mean
ing of the English language so that inter
pretation will nullify the Constitution it.
self, or SO abridge its meaning that the
people for whose benefit it is established
cease to have any knowledge of its pro-
visions.
The provision of the Constitution
above quoted declares that no money
shall be drawn from the State Treasury
for the use or benefit of any corporation,
association, asylum, hospital or any
other institution not under the exclusive
management and control of the State as a
State institution. The Columbian Ex-
position at Chicago was not under the
control of the State. 1t was not State
institution. California became an ex-
hibitor in an exposition under the con-
troll of the Directors of the Worlds Fair.
Everything it did was under the rules of
the Worlds Fair.
An institution is something continuing.
It is not an occasion. The difference be-
tween an institution and an occasion
ought to be clearly defined. The State
University is an institution. The State
prisons are institutions of the State. The
State insane asylums and hospitals for
the blind are State institutions and are
established as such. The Columbian
Exposition was not established as State
institution. 1t was simply sd occasion,
an isolated, ephemerous occasion - an
event, having a time of beginning and a
time of ending; having no pre-existence,
and at its close ceasing to exist forever
1t was not established as an institution of
any country.
So when the Constitution prohibited
the appropriation of any money from the
State Treasury for the use or benefit of
any institution not under the exclusive
management and control of the State as a
State institution" its trainers and the
people who adopted it thought they had
made 1t impossible to appropriate money
for the purpose of creating a feature of
Worlds Fair at Chicago, under the di.
rection of Board of Management ap-
pointed by the city of Chicago. And vet
the Supreme Court of California found
means to defeat this plain provision of
the Constitution by occult, obscure and
cunningly devised Interpretation.
Count Cornely has projected a private
enterprise of similar nature to be held
in the City of Mexico. 1t is not to be
under the control of the State of Califor-
mia, and it will not be State institution
of this State. If California becomes an
exhibitor, it will be under the rules es-
tabiished for the government of exhibit
ors. Management and control,mean the
power to make rules of conduct. The
Constitution uses the words, Manage
ment and control of the State,n SO that
such management and control shall be
exclusive in the State. Any institution
In part managed or controlled by other