The commonwealth. (Greenwood, Miss.) 1896-1923, 1897-05-06

srest Importance Of being prepared 70 meet u
/. public obligations ~ readily - they arc pte.
sented. have said thai the Siate would aot ,
without further IegisIation. ! have mot beea
able 70 and any law that authorizes the gov.
ernor to borrow money. II borrowed without
ton OF III. STATE a section in the following Ian.
guage: section 90. The legislature shall newt
grant extra compensation, lee. or allowance, 70
any public officer. agent. servant or contractor.
thorize payment. OF part payment. Of any ciaim
under any contract not authorized by law; but
} appropriations may be made for expenditures In
rspeiling iov.sions, preventing o. supervising
could be found In the first, It " dissolved IN ID:
latter clause Of this section. tisa maxim of
law known TO others, and when the constitution
preventing or suppressing Instruction" n
those for which appropriations may be made. u
Is equivalent TO saying but for nothing else"
There Is 2 law authorizing the issuance OF
warrants and II money could be borrowed with
out interest and used In the payment OF these
warrants the lender would be subr0gated 70 the
rights Of the holders Of the warrants. and being
contract authorized by law; but there is no law
authorizing The payment Of Interest on war.
rants, and the contract 10 pay the lender Interest
would be unauthorized by law, and ~ there IL
rants he could not be subrogated to any right to
interest, and, therefore, under the section quoted,
the legislature would he prohibited from paying
the interest. and 1t would be futile to attempt to
borrow money for the state without interest.
1t might have been cheaper to the State to
have borrowed the money and paid interest on
1t, II there had been authority for II, but there Is
no such authority, on the contrary, II Is for
bidder, and II a governor may lmpigne the con
stitutlon in one instance because OF his opinion
OF expediency he may disregard II In every ease
where his Judgment denotes its wisdom. The
rich and powerful may not have much to fear
from a light regard for the restraints OF the law
on the part OF those In authority. but the poor
and bundle and weak have no sure protection
except Il strict adherence TO these authorities OF
the law.
] was loatl to convene the legislature in ex.
traUrJinary session, and J requested a meeting
OF the state officers with me, including the presi-
dent pro tenpore of the senate aud the speaker
Of the house of representatives, to obtain their
counsel and advice tllerenpot. By reason OF
the insuficlency Of the nptice, ~ 10 time, the
acknowledgements, tine president pro tenipore
Of The senate, and two OF the railroad coiDIliS-
%si0ners, GOV. Evans and Capt. Mclnnis, were
prevented from attending the meeting, but the
others attended anu 1t was their UNANIMOUS
opinion thai the legislature should be convened.
MY own judgment, even against the protests OF
my preference, approved the conclusion which
they reached. Inc legislature when In regular
session last year exercised the best Judgment Of
It's members in the effort to provide revenue TO
meet tn. appropriations maze for the years 1896
and 1891, That the means failed in 1896 by Il
large sum, and would inevitably have failed b.
a large sum in 1897, Is no cause for jast censure
Of the legislature, for no mans Judgment is abSu-
iutely infaliibie. b.
No power except the Legislature can remedy
this deficit. The legislature can not do 1t ex-
cept when in session. 1t can not be IN session in
time to provide the remedy except upon the call
OF the governor. so that II the expectation OF
the Legislature was not realized in The way
adopted at the last session to obtain the means
to meet the appropriations made IN 1896, and II
Is infallihly certain that The same result would
follow In 1897, and there is time yet to prevent
the evil II the lie l~islature was In session, II Is The
duty OF he officer who has the power to convene
that body and give the opportunity to apply tile
corrective. The action of the regular session OF
the Legislature that resulted IN Il failure OF reve-
nue. sullicient to meet the appropriations. was
the result OF u mistake as to the amount OF busi-
ness that would be done BY taxed privileges tho
action OF the executive refusing to allow the
legislature to convene In time and make the
correction would he a dercliclioh OF duty. There
Is but one hypothesis upon which u failure to
convene the Legislature could be justified, and
that Is the assumption tiiat the legislature Will
fully refused TO raise The means, aud If IN session
would do 50 again, all assumption Will not In
dulge.
BY section 1915 OF the code the State treasurer,
who is ex -0tliclo treasurer OF the two insane
asyllms. the institutions for the blind, and the
deaf and dumb, and the State colleges and nor
nal school, shall make reQulsiiiun on The aud
itor, who shall draw his warrant from time to
time, as required, payabi to the state treasurer
As treasurer OF the institutions, severally, for
Tie money appropriated ny Law LOT tIlclT sup
port" Ii the treasurer should make requisi-
ton for the expended balances OF the appropria-
lions for the insane ~asylums there would not be
sufficient funds In the treasury to make the
June distribution OF the common school fund,
Some Of the counties would, therefore, be with
out any school funds at all from the State, as
those counties which first reach the treasury
with their warrants would receive, until the
treasury should become exhausted, their tuil pro
rata of the distribLt on made upon tic ass,in,p-
ton that the money VIII be there for every
countys common school warrant. Besides
causing a rush upon the treasury that ought not
to be invited. THIS state OF affairs would stop
the COMMON schools In the counties that failed
Of tile receipt OF any part OF the distribution, as
by seciioA AUS OF the code no pay certificates
can be issued to a teacher unless The money has
been received for its payment. The principle of
common schools for the education Of the chill
dren OF the state has reached a place In the sys-
TEN OF our laws, and the doctrine has taken
such root In the hearts OF the people, that the
intention to perpetua,e these schools Is unques-
toned. The princlple is not based upon the
idea OF charity, but of public benefaction, in
the preparation of those upon whom deyOiyeS
the duty, as citizens, Of perpetuatlng Tree gov
ernlnent for the Intelligent and patriotic dis
charge Of sucl duty. For myself | can say
that, unless 1t be that which goes IN support OF
the eleemUsynary Institutions, there Is no tax
which | pay more clleerfuily than that which
goes in support OF the common schools.
III the system or common schools Is to be con
tinued, then 1t ought not to receive any unneces-
tNts "'"o' W W t"
ought to be constantly improved. From Its
teachers should be required competency and
faithful services, and in return for this money
to pay their salaries should be ready when the
services are performed.
II section l2l6 Of the code Is modified by chap.
ter 4 of the acts OF 1886 so that the treasurer
can only draw the appropriations monthly, Us !
think ii is, then, In addition to the possibility Of
there not being sufficient money In the treasury
to make the June distribution Of the school
fund, there viii be the certainty Of u want of
| ...,-.., 80 ..raAk sIn rx,, t.t tu.,a fnu elt. n.s,x-
port Of the Two insane asylums from July until
January 1. l refer especially to these TWO In
situations not only because they are filled with
the objects OF tender care and especial solicit
tlde on the part Of the state, but because these
bereft people require constant and careful at
teniion. The attendants, as a rule. heed their
monthly salaries as soon as earned. The law
does not provide for their receiving State war
rants, but they are put upon the pay roll and are
pad BY the steward Of the asylum, and there
fore they cannot discount their warrants but
must wait until there Is money In the treasury
before they can receive anything for their
services.
Last year by a fortunate circumstance l was
able to obtain the money, without interest ami
without discountlng Sale warrants, to meet the
expenses OF these two institutions, even while
the State treasury was empty, anu when funds
came into the treasury the warrants, issued ac-
cording to law and deposited AS collateral, were
paid.
Al vnlorem Tax.
l recommend for your consideration, that you
levy an ad valorem tax sufficient to delray the
general expenses ofthe State government; aut
T thai YOU levy q separate tax tor schools, con-
sisting Of an ad valorem anu 4 tax ON privileges,
and that the entire amount, instead Of two
thirds, OF this be distributed on the constitu-
tional basis, on the third Monday in January,
or as soon thereafter As practicable. with q pro-
vision that any collections for this fund there
after made shall be distributed on the third
Monday Of April, july and OF ober. In my
desire for the provision OF ample funds for the
common schools. l suggest to the ways anil
added to this fund. overlooking section ISL of
the constitution, As did tho Legislature Of 1892.
when by section 1852 counties having a deficit
It, u supplied at all. out Of the net proceeds II
fines and forfettureS.
The legislature In estimating the amount
necessary to be raised for distribution will take
into consideration that each county will have 4
poll tax 10 which this distribution iron the
general fund Of the state treasury" Is to be