Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-06-20

| OF tne constitution prohibits the I.e.;st;,-
ture from using the funds arising from
the sale of the public lands, hich were
granted for educational purposes, for any
| other branch OF State expenditure, ex-
| cept that Immediately connected with the
! educational system, but that it does not
j i'r"i'iri, he use of a part of the trust es-
tate fer the purpose of making the rest
| available''
The above construction of said Section
3, that the Legislature is prohibited from
using the funds arising from the sale of
lands which were granted for educational
purposes for any other branch of State
expenditures, except that Immediately
connected with the educational SYSTEM
except ETC., is applicable to all moneys
| arising from the proceeds from the sew
eral sources named in said section
! whether it be principal or interest, as all
such moneys or funds are, by the same
terms, included in the prohibition.
In State VS.. Dovey, 19 New. 1896, the court
held: "1n the apporti,nment of the school
fund as required by the Constitution
cart. NJ, Sec.3l the wards of the State at
the Orphans Home should not be counted
as part of the children of Ormsby
County, as their education is provided for
by the State Orphans Home and they
have not the right to attend the public
school"
1t was clearly the opinion of the court
III that case, that the educational depart
ment of the State Orphans Home was for
elgn TO the educational system of the State
as provided for by said Article XI: that
the apportionment of the school moneys
required by the Constitution TO be made
among the several counties could in no
manner be affected by anything pertain
ing to said Home, and that the wards of
the State in said Home had no interest in
said moneys, and that they could not be
considered III connection herewith The
court said: The controlling thought was
TO give 10 each county an equal sum for
each child in the county entitled to attend
and enjoy the public schools:' that the
children in the Orphans Home we're not
entitled to attend the public schools:'
that they are no tax upon the public
school fund; that the school is not affected
by them. 1t would be the same if thew
"ld not exist, or if they resided in a for
eign cOHntry.'
IT - true that if Il portion, or ali Of these
moneys Were appropriated 10 the e6uca-
u"n of the children in said Home, il
would be applying them to educational
purposes; but the Constitution does not
include the education Of these children in
the term, educational purposes. The Con-
Sutitlon requires the interest derived
from the said several sources to be amor
toned among the counties exceDt. such
part as the Legislature may deem neces-
s"hN for the support of the State Vniyer-
sIty. The special tax required TO L.. 10y led
as above named is for the support of said
University and common schools. The
said interest and the proceeds of said tax
constitute the General School Fnnd then
certainly no part of this fund can be used
topay the warrant of relator in question.
without disregarding the mandates of the
Constitution
we are OF opinion upon reason and the
above authorities, that the appropriation
made by the Legislature for the DAY
ment OF the salaries of the teachers at the
State Orphans Home in so faras the same
is made payable out Of the General School
Fund, is unconstitutional, nul! and void,
and it follows that the warrant in oues
ton IN 50 far as it is made payable out Of
said fund. by the terms thereof. is mil
and Void. But it does not follow that said
appropriation or said warrant. or either
OF them. is otherwise null and void. We
hold that the Legislature has made a valid
appropriation for the payment of the sal
ary in question, and that the same is nav
able out Of the General Fund in the State
treasury the Satile rs the salary OF the
Governor and most Of the other State Oft
GERS, ana the same as other appropriations
IN winch no specific fund is named Sec
l9 OF Article " of the Constitution nro-
vldes: NO money shall be drawn from
the Treasury but in consequence of apprc
priatlOns made by law" 1t will no oh
served that 1t is not required that tho
fund ont of which the appropriations .,r.
to be made shall be named in the annro-
prlal1on act Usually, if not always, other
acts or the Constitution show what fund
the money appropriated is to he drawn
from.
Section One of the said Act of 1897 an
propriates various sums for different mr.
poses, it reads: The following snms Of
money are hereby approp,i tied for the
purposes hereinafter named. and for tb.
support of the Government of the State of
Nevada for the fiscal years 1897 and 1898 :"
and the t''0e: For the salary of the
GOVERNOR r-..>-. Thousand Dollars" and !
'rty other sums named for -. ,,.r,.
d'heront purposes without ..s,,pnatiuo
any fund.
Sec. 81 For salary of one teacher and
one m assistant teacher at the State Orphans
nome tWenty-four hundred dollars
(s24oo), payable out of the General Scto.J
Fund"
Ihe last clause of thia so1.;