The record-union., 1897-02-10
VETO OF THE,
PRINTING BILL.
Governor Budd's Reasons for His
Disapproval.


turn herewith Assembly bill No. 263
without my approval and with my OBJ
jections thereto. The title of the pro-
posed Act is AN Act making an APP
preparation for the support of the State
Printing Office for the forty eighth
fiscal year." while it is intended that it
shall serve the purpose of a deficiency
appropriation. Under the provisions
of the Act Of March %, 1893 (Statutes
of 1893, page $3.50, mo officer or en-
ploye in the service of the State shall
have power to create any deficiency
IN excess of any appropriation made by
law, except in case of actual necessity,
and only then upon the written author
ity first obtained Of the Governor, Sec
retary of State and Attorney-G General,
and any Indebtedness attempted to be
created against the State in violation
of the provisions of this Act shall be
absolutely null and void, and shall not
be allowed by the State Board of Ex-
aminers." Section of the General
Appropriation Act of 1895 Statutes
1895, page 2S9) is more comprehen-
sive. and provides that no such at
tempted indebtedness shall be paid out
of any State appropria tions, and that
"
debtedness without procuring the
proper written consent shall be liable
therefor upon his official bond.
The Superintendent Of State Print
Ing has not complied with the pro-
visions of either of the above Acts; has
not made to the State Board of Exam
dners the required showing of actual
necessity" nor has he obtained a GER
tificate ''in writing, duly signed by
every member of said board of the un-
avoidable necessity of such expendi-
ture." BY letter to this office, of date
February 3, 1897, Mr.. Johnston, the
superintendent, intimates that after
January IS, 1897, deficiency existed
in the appropriation for the support of
his office, his language being:
Il desire to say that up to the 18th
day of January there was no deficiency
i'm the appropriation for the printing
office, and therefore there could be no
application made to the Board of
Examiners, except for a contemplated
deficiency, which might or might not
occur although in all probability the
amount of work that would devolve
upon this Office by reason of the Leg
islature being in session would require
the expenditure of more money than
would be available"
NOTWITHSTANDING this statement, long
prior to the date of this letter, Mr.
Johnston had made a written appli-
cation to the State Board of Examin-
ers for written recommendation to
the Legislature for the appropriation Of
St3,00O asked for in the bill under dis
cussion. When I sent for Mr.. Johnston,
requesting that he should come before
the board and be questioned as to the
necessity for the appropriation, on
January 11th he withdrew his applica-
ton and has not since appeared before
the board, asked for nor obtained the
authority or consent of the board re-
quired by the Acts of 1893 and 1895.
above cited. Assembly bill No 263, if
1t received my approval, would not
amend or repeal these Acts, nor does
it attempt in words to do so, and
claims or indebtedness attempted to be
contracted in violation of them would
not be payable out of the proposed ap-
preparation, nor would future indebt-
edness attempted to be incurred be so
payable until the requirements of the
Acts of 1895 and 1895 had been met If
ii Is proposed to exempt the Superin-
tendent of State Printing from the
provisions Of these Acts. to relieve him
from his present legal obligation to OBJ
tain the written consent of the entire
Board of Examiners before he shall in
cur a deficiency; to relieve him from
the personal liability provided for in
the Act Of 1S93, and to attempt to VAL
idate the fndeb tednes9 incurred in yfo-
latiOn of these Acts, then the pro-
posed Act IS subject TO the fatal con-
stftutional objection that it embraces
more than ''one subject, which subject
Shall be expressed in its title" If it is
to meet deficiency ia an appropria-
ton, If it IS to serve as a relief bill for
the SupeTi Tintendent of State Printing,
and If it attempts to validate indebt-
edness which the law states shall be
invalid, il unquestionably relates to
more than one subject to which proper
expression is not given and which is
not wise legislation. If my contention
is true, and the proposed Act is in
tended to effect a deficiency appropria-
tion, it win fail to accomplish it's pur-
pose of paying deficiencies already in
CURED, or which viii be incurred until
the provisions of existing laws relat-
ing to deficiencies are complied with by
the officer at whose instance it was
passed. If Il is not intended as a de-
fiency within the meaning of the Acts
of 1893 and 1895 or If it is attempted
to exempt the superintendent of State
Printing and the Indebtedness con
tracted by him from the provisions OF
these Acts, this can only be accom-
pHshed by their amendment or repeal
which is not effected or attempted. In
either case the funds attempted 10 be
appropriated by this bill would not be
available for the purpose intended.
This is not q merely technical objec-
tion but goes to the very integrity OF
our financial safeguards If the Su-
perintandent of State Printing shall bC
exempted form the operation of laws
which experience has evolved and
which have proven wise and economic
who shall be bound by them? Why dis
criminate between the different depart
ments Of the State government?
But I object to this bill upon other
than legal grounds. Two years ago al
effort was made to pay off all existing
indebtedness and to place our institu-
tions and affairs upon a cash basis.
thought at that time that the usua
approprfation of $200, 900 or less woult
be sufficient for the support Of tht
State Printing Office for the next two
fiscal years. / was aware Of the prac.
tfce Of superintendents to apply fol
deficiencies during legislative years
when it is almost impossible to refuse
them when they have exhausted theil
appropriation, and ] sent for the Su
pesrintendent Of state Printing. AND
l,1,on his personal assurance that hs
v-o1,ld operate his office within the pro