The record-union., 1897-04-03
THE GOVERNOR AND THE VETOED
APPROPRIATIONS.

Some days ago the Record Union"
expressed the opinion that the Governor
had been misrepresented, when it was
said of him that he would veto certain
appropriations in the general appropria-
tion bill-notably that for State print
ing expensee-because of a provision
therein, which at the time the Record
Union" said was bad, a slap at the
Governor that should not have been
made, and was wholly indefensible We
said that the Governor had been mis-
represented, because he knew, as a
lawyer, that no deficiency can be grant
ed where there is no appropriation, and
therefore the claim that under the Act
of 1893 the State Board of Examiners
can by deficiency grant keep any State
department on its feet, after being de-
prived Of its usual appropriation by
veto, was error
In his objection to certain items in the
general appropriation bill, which items
he has now disapproved, the Governor
says that no harm will be done because
in the matter of the State Printing Of
fee the Examiners can grant defcien-
cy under the Act of 1893 for the sup
port of the office; or, says the Governor,
the several State departments can pay
for their printing out of the appropria-
tion given them for support of their de-
partments, and the Board of Examiners
can grant them the power to create a
deficiency when their funds are ex-
hausted.
The Governor thus reaffirms the posi-
ton taken for him some days ago and
he was not therefore misrepresented.
The Record Union" is equally as posi-
tive now as it was then that the State
Board of Examiners cannot grant de-
ficiency for the support of the State
Printing Office because the essential
predicate of a deficiency is an appro-
priation. There is now no appropriation,
therefore there can be no deficiency.
The law, in other words, stands now
precisely as If the law-making power
had expressly refused to supply means
for the conduct of a State department,
and the State Board of Examiners has
no power to carry on a department the
law expressly as we'll as by implication
closes up. If it could do as it is claim
ed, 1t could exhaust the Treasury and
swamp the State with debt. OF the
absolute soundness of this proposition
we do not have the slightest doubt, the
view taken is in consonance with that
held, we are assured by high legal tall
ent, and that taken by State officers
generally. 1t ought to be, for it is rea-
son.
But the Governor adds that If the
deficiency cannot be granted under the
Act of 1893 for support of the State
Printing Office, then the several depart
ments of State Government, State Of
ffcers and boards needing printed mat
ter can pay for the same out of
the appropriations allowed for the sup
port of such departments and offices,
and have it done at the State Printing
Office 'or elsewhere" and that when
can come to the Board of Examiners
and be granted leave to create a de-
ficiency.
This is error we think, for two dis
tinct reasons. /. The statute expressly
directs: "All State printing shall be
done in the State Printing Office" Ger
tainly all printing done for the State
and for which il is to pay is state
printing No officer. therefore. can
go elsewhere" except as provided by
the law permitting certain engraving
and lithographing to be done else
where" . The appropriations made
for the several departments of the
State Government are for specific pur-
poses named. and printing" is not one
of them Such funds it would seem
therefore, cannot be lawfully used foi
any other than the purposes expressed
The allowance for contingent ex