The leader., 1897-05-05

preventing or suppressing Instruction" as
those for which APPROPRIATIONS may be made, 10
IL equivalent 10 saying but for nothing else"
There Is law authorizing the Issuance OF
warrants ami n money could be borrowed with
out Interest and used In the payment Of these
warrants the lender would be subrogated to the
rights Of the holders OF the warrants, and being
thus subregaied he would have a claim under a
eDl ,S oy pus sners no lnw
rants, and the contract TO pay the lender interest
, would be unauthorized BY law, and as there IL
no law for the payment Of interest on the war
rants be could not be subrogated to any right to
interest and, therefore, under the section quoted
the legislature would be prohibited from paying
the Interest, and it would be futile to attempt to
borrow money for the state without interest
IL might have been cheaper to the State to
have borrowed the money and paid Interest on
70 u there had been authority for II, but there is
no such authority, on the contrary, 1t Is for
hidden, and II governor may lmpigne the con-
stltution In one Instance because OF his opinion
where his Judgment MT denotes its wisdom The
rich and powerful may not have much to fear
from light regard for the restraints OF the law
on the part OF those i'm authority, but the poor
and humble and weak have no sure protection
the Law.
Twas loath 10 convene the legislature in ex-
traordinary session, aud requested a meeting
OF the state officers with me, including the presi
dent pro tempore OF the senate and the speaker
OF the house OF representa- tives, TO obtain their
counsel and advice theTeupon. By reason Of
the insufliciency of the notice, as to time, the
lieutenant governor, the president pro tempore
OF the senate, and two OF the railroad commits
sioners Gov. Evans and Capt McInnis, were
prevented from attending the meeting, but the
others attended and u was their unanimous
opinion that the legislature should be convened.
My own Judgment, even against the protests OF
my preference, approved the conclusion which
| they reached. The legislature when in regular
session last year exercised the best Judgment OF
its members In the effort to provide revenue to
meet the appropriations made for the years 1896
and 1877. That the means failed in 1896 by a
I MOnl1
large sum in 1891. is no cause for just censure
OF the legislature for no man Judgment Is abso-
lu'ely infallibie.
No power except the legislature can remedy
this deficit. The legislature can not do it 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 If 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 1t
| is intaliibly certain that the same result would
! follow in 1897 and there is time yet TO prevent
the evil II the legislature was in session. IL Is the
duty OF The officer who has the power 20 convene
that body and give the opportunity to apply the
corrective. The action of the regular session OF
the legislature that resulted in failure OF reve-
nue. sufficient to meet the appropriations was
the result OF a mistake as TO the amount of bust
ness that would be done by taxed privileges; the
action of the executive refusing to allow the
legislature to convene in time and make the
correction would be a defclction OF duty. There
is bat one hypothesis upon which failure TO
convene the legislature could be Justified, and
that Is the assumption that the legislature will
fully refused to raise the means, and If in session
would do so again, an assumption Will not In
dulse.
BY section 421G of the code the State treasurer,
who is ex Offlcio treasurer OF the two insane
asylums: the institutions for the blind, and the
! deaf and dumb and the State colleges and nor
nal school, shall make requisitiOn on the aud
| itor, "who snail draw his warrant from time to
time, as required, payabl- to the state treasurer
as treasurer of the institutions, Severally, for
| the money appropriated by law for their sup
port" II the treasurer should make requisi-
tiOn for the expended balances OF the approprla-
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 full pro
| rata of the distribution made upon the asSump-
| ton that the money Will be there for every
| countys common school warrant. Besides
| causing 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 the receipt OF any part OF the distribution, as
| by section 40iS of the code no pay certificates
! can be issued to 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 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 pagpetuate these schools is unqueS-
| toned. The principle is not based upon the
| idea of charity, but of public benefacton, in
| the preparation OF those upon whom devoyes
y,
| eminent for the Intelligent and patriotic dis
| charge of such duty. For myself | can say
| that, unless it be that which goes in support of
| the eeemosynary institutions, there Is no tax
| which l pay more cheerlully than that which
| goes in support OF the common schools.
Ii the system of common schools is to be con-
tinued, then 1t ought not to receive any unneces-
sary backset or impairment. Its efficiency
| ought to be constantly improved. From It's
teachers should be required competency and
! faithful services, and III return for this money
| to pay their salaries should be ready when the
| services are performed
| If section 42l6 OF the code Is modified by chap
| ter of the acts of 1896 so that the treasurer
| can only draw the appropriations monthly, as
think 1t 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 win be the certainty OF want OF
! money 10 meet the appropriations for the sup
| port OF the two insane aSylumS from July Until
| January /. [ refer especially to these two in
| situations not only because they are filled with
the objects OF tender care and especial solicit
| tude on the part OF the State but because these
| beTeft people require constant and careful at
| teni0n. The attendants, as rule, need 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
| paid by the steward OF the asylum, and there
| lore 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 / was
| able to obtain the money, without interest and
| without diScOunting STATE warrants, to meet the
| expenses OF these two institutions, even while
| the State treasury was empty, and when funds
| came into the treasury the warrants, issued ac-
cording to law and deposited as collateral, were
| paid
Ad yaIorem Tax.
recommend for your consideration, that you
| levy an ad valorem tax sufficient to defray the
| general expenses OF the State government; and
! that you levy a separate tax for schools, con
sisti9g OF an ad yaiorem ana 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 pro-
vision that any collections for this fund there
after made shall be distributed on the third
| Monday of April, July and October. In my
| desire for the provision of ample funds for the
! common schools, | suggest 10 the ways and
| means committee that fines and forfeitures be
| added to this fund, overlooking section POI of
tie constitution, AS did the legislature OF 1892,
| when by section 1852 counties having a deficit
| on account OF schools were required to supply
it, ii supplied at all, out of the net proceeds Of
| The legislature in estimating the amount
| necessary to be raised for distribution will take
! into consideration that each county will have a
| poll tax to which this distribution from the
| general fund of the State treasury is to be
| added. BY operation of the constitution the
poll tax is levied and located Section 205 OF the
| instrument reads: There shall be a common
| school fund which shall consist OF the poll tax
| TO be retained in the counties where the same
| is collected) and an additional sum for the gen.
| eral fund in the State treasury, which together
| shall be sufficient to maintain the common
schools for the term of four months i'll each scGol-
| astc year. But any county or separate school
district may levy an additional tax to ma ntain its
| schools for longer time than term OF four
months The common school fund shall be dis
tributed among the several counties and separate
school districts, In proportion to the number OF
| eIucable children in each, to be determined from
| data collected through the Office of the State
| superintendent of education, in the manner pre-
| scrbed by law.
| This section follows two sections that are
! dealing exclusively with public schools as re-
tod tn ha Tha INN diata lx
preceding this one declares that schools shall be
| maintained in the county four months, and
| dO:ks the school district negecting to so main
IAN IAN It's sehGGl; mmedaey ioiiOws lbs sec Sec
| poll tax is to be retained in the counties where
collected aud added to it a sum from the general
fund in the state treasury (which together will
enable the counties to maintain the schools for
| four months. The provision for the retention
| of this tax was not for mere matter OF con-