The record-union., 1897-03-27
THE GOVERNOR MISREPRESENTED

The San Francisco Examiner is
authority for the statement that the
Governor has discovered a bug in the
general appropriation bill, and proposes
to kill it by action that we do not be-
Ieve the Governor contemplates for a
moment, Notwithstanding the Exam
iner'' assumes to speak lex cathedra-"
Just what is the judgment of the Gov
ernor in the matter is not to be as
certained here, as he has not been at
the Capitol since the adjournment Of
the Legislature. But the Governor is
too good lawyer to commit himself to
any such proposition as that the "EX-
aminer" credits to him.
The law provides that no department
or officer of government shall create
deficiency in excess Of any appropria-
tion made for the department or official,
except by consent given in writing by
the Governor. Attorney-General and
Secretary of State, who constitute the
Board of Examiners.
Heretofore general appropriation bills
have contained a clause prohibiting de-
ficiency allowances, except by unani-
nous consent of the State Board of Ex-
aminers. thus following the statute. In
the general appropriation Act passed
last week, this usual provision was so
changed as to read that "a majority"
of the board may consent to a def
rianPV haiy1cr a1 &
sity for expenditure, 'in excess of the
appropriations" made.
The San Francisco paper says that
the Governor has discovered in this
change deliberate attempt to cut him
out of the matter of granting or refus-
ing deficiency allowances. It is added
that therefore he will strike out of the
general bill certain appropriations for
officials and support of departments
In toto, and thus compel the depart
ment or official to apply under the law
which requires unanimous consent of
the three State officers first named.
1t was an ungracious and improper
thing to do to make the change in the
appropriation bill proviso. Whether done
purposefully or inadvertently by the
Legislature it was un<rise and i'm
proper, and the Governor is justified in
constituting it as direct slap at the E,x-
ecuuve. The State Board of Exam
iners was wisely erected as a barrier
against extravaganza and illegal ex-
penditura of State money It was wise
and business like to require that def
by unanimous consent of the three
members of the board, the Governor.
Attorney-General and the Secretary of
State
but the Governor, however angry he
may be, certainly has never committed
himself TO the absurd proposition that
IL there is no appropriation whatever
the examiners can assume the office of
the Legislature and authorize expendi-
ture that by omission in the approved
general appropriation bill has no basis.
That is to say, there can be no def
cheney except there is appropriation in
some sum. A deficiency must be for
necessary expenditure ''in excess of ap-
propriation.
If the legislative branch of the gov
ernment omits to appropriate for
State department 1t is expression of
purpose to omit and the Board of Ex-
aminers cannot thereafter do what the
Legislature must be assumed to have
forbidden. The action of approval or
disapproval of items in the appropria-
ton bin by the Governor is part per-
formanee of legislative act. If he
vetoes ar, item in the appropriation
bill then no appropriation has been
made, and there can be no deficiency
claim allowed. If this were not so. the
Board Of Examiners could undo the
work Of the Legislature, usurp its func-
tions and order done that which it for
bids.
So we repeat, the Governor has been