The San Francisco call., 1897-04-02
ACTS WHICH FAIL
TO BECOME LAWS
Governor Budd Strikes Out
State Printing Appro.
priations.
Bills for Improving the State
Capitol Meet Executive
Objection.
Full Reasons for These and All Legis-
lative Measure That Received
Black Eye.

b. SACRAMENTO, CAL, April 1.-The act
making appropriations for the support of
the government of the State OF California
for the forty ninth and fiftieth fiscal years
has received the signature of Governor
Budd, with i'm Important exceptions
E The first of these is the sum recon-
mended for boring well, setting stand
pipes, tanks and laying pipes in the
Capitol grounds, and among the most i'm
portant is his disapproval of the appropri-
alton OF 5000 for the salary of the super
intendent of State printing. Following
are the Governors reasons in full:
EXECUTIVE DEPARTMENT, STATE OF CALI-I
FoRNIA, sacramento, ADril l, 1897.
This bill, being Assem- Dly bill 937, entitled
An act making appropriations for the sup
port OF the government of the State OF Califor-
nia for the forty-ninth AID fftieth fiscal
years, is approved with the exception OF the
following items, 10 which | object, and the
following are my objections thereto and the
reasons therefor, TO wit:
Objection IL object TO the item, "for bor-
ing well, setting stand pipe, tanks and laying
pipes in Capitol grounds, $50o0,,' for the
Following reasons, viz: This item is OBJ
lected TO and not approved for the reason
that il is not sustained By existing laws
ls permanent improvement, is not expressed
IN the act, and is in violation of sections "a
and 2S,s article ", of The constitution OF
this State. The appropriation could have
been made by. special act II such
items be allowed in the general appropria-
ton Dill the special appropriation act may be
done away with, and the general appropria-
ten Dill loaded with appropriation for per-
manent Improvements to State institutions
ana not subserve the purpose for which it is
intended by the consutution-i.e- TO provide
solely for support" Were the items mere re-
pairs they would be allowa Bile.
Objection 2--'For purchasing and placing
in position electric plant, including three
Tlrrr1 and hra frf,s-
is objected TO and not approved for the reasons
given in objection first, in objecting 10 the
item last above disapproved.
Objection 3-The item "for extra help neces-
sary for the caring of the State Capitol build
ing, including extra fremen, engineers, cleo
tr1clans, elevator attendants, watehmen, por-
during the thirty secoud session OF the Legis-
lature. to be expended under the direction of
the Secretary OF State, $4,000"
This item is objected TO and not approved for
the reason that the same is unnecessary, un-
authorized and indefinite. Such expenses
have heretofore been paid out of the appro-
priations for the conhngant expenses OF the
Legislature.
Objection 4-The item, 'for salary OF State
Librarian. SIX thousand dollars" is objected
to and not approved for the reason that the
for by special fund set apart. as the
.library fund, " which fund is not sustained
or applied by taxes, but from fees collected
for services rendered or property sold by
certain Stale officers said fund being for
the maintenance of the library, there is no
more reason " by the same should be exempt-
ed from the payment OF the salary of the liz
orarian than from the payment OF the
other expenses of the library, and un-
less there be some provision of law which /
have not yet seen prohibiting the payment
Of such salary from such fund, and requiring
its payment by an appropriation. believe the
Librarian should first look TO the library fund
Tor his salary. The custom has heretofore been
to make appropriations ior these salaries, but
after careful consideration my conclusion is
that the library fund must maintain the Ii.
brary or special. act OF the Legislature pro-
vide otherwise.
objection 5LThe item ''for salary OF two
Deputy State Librarians 5000" is objected
10 and not approved for the reasons given in
objection 10 the item for the salary of the
state Librarian, and such objections are made
part of this OBJ jecEon.
Objection 6-The item "for salary of porter
OF State Librarians effice $240O" IS objected
20 and not approved for the reasons given in
the last two objections, and said objections
are made part hereof and constitute my OBJ
lections TO this Item
Objection THE item ''for salary OF Super
lntendent of State Printing $4,000" is OBJ
!ected to and not approved for the reason that
of the State, though not appropriated
by this act. and because its elimi-
nation mai Is necessary. to render futile
section 5.of this act to confer upon q majority
OF the Board of Examiners power whlcn for
years past, through an unbroken succession of
upon the entire board. Such attempted
change in the law can only apply in the cases
OF departments, officers boards and institu-
tons, 'for whose benefit and support appro-
prlatlons are made in this act"
The evident purpose of the changefn section
nVe was 10 render 1t possible TO preven y
tn,;eIl Goye[n9r from exereising some OF his c,-.
member of the Board of Exs-
on what he might deem ean unne--s.T,
expenditure of public money. or an i'm
officer. There can be no doubt tnat the con-
troversy between the State Printing Office and
the chief executive OF the State has led certain
political opponents TO cunningly lrcorporate
into the egeneralappropriati ton bill during the
closing days OF an excited session this most
unusual provision, and the executive of the
State deems IT his duty, in order to maintain
his sconstitutionalright and discharge his OBJ
legations 10 the public, TO prevent the in juri-
Gus operations OF this clause OF the general
appropriation bill. Had the attempt been
have been enacted, but being inserted
IN the genera! appropriation bill
1t was evidently thought that the Governor
must aeqaiesce therein, reject the entire bill
and call an extra session of the Legislature TO
provide for the support of all the State insti-
tptlons, or perhaps submit 10 being overruled
as to ali matters of deficiency and difference
that might arise between himself and the State
Printing Office. The author of the change.
however. in making the same overlooked the
clause, 'for whose benefit and support appro-
priaiions are ma ie in this act" and has thus
given the Governor the power, without any
damage to any State institution, of
design intended. The injustice of the
proposition intended TO be grated on the
laws by such a clause will be clearly seen
when 1t is considered that the constitution
vests IL the Governor the power to object to
any legislative bill, NO matter what
appropriation IT may carry, and that
under the constitution his objection can
be only overcome by a vote of two thirds
OF the members elected to each branch OF the
Legislature, and that the constitution recog-
nizing that when the Legislature had closed
Us Us session the Governor should be the one
nn4anr. of1cia1 charged with passing upon the
and laws passed by the Legislature,
and has conferred on him also the
absolute power to strike from any appropria-
tion bill any item OF expenditure, or by his
even though il may have received the unani-
nous vote. of both houses from becoming
law. provided IL did not reach the Governor
upward OF ten days prior TO the adjourn
ment oil the Legislature, yet here is
an attempt TO reach beyond the Legislature
and permit deficiencies in any amount after
lts ad)ournmeni, by a board created under
statute. and TO prevent the veto power of the
Governor from having effect, and giving to a
maJori.y OF this board r. power denied By the
constitution TO the Legislature itself
under the circumstances, / deem II my duty
TO eliminate all appropriations for the depart
ment. in whose behalf this clause was in
serted. and over which l nave no proper
power of control, and which powers, though
promised by the comm ittee of the Legislature
appointed 10 confer with the Board Of Exam
liners, were never given.
No harm can be done by this elimination.
Tor each department o. the State can in case
OF necessity, out Of it appropriation pay for
such printing its has done at the State
Printing Office or elsewhere, and if they