The commonwealth. (Greenwood, Miss.) 1896-1923, 1898-03-18
HE CAHTHAGISIAN makes tbe following yoy
THAT VETO,

Thai VETO, M NhAlhAtiAiAN make te ipHD"IhR very
: pertinent criticism Of the Governors veto Of ua
l. l. andC appropriation bin. We recommend to AtoneyGcncnl Nash
Che careful perusl OF THE paper
ut viii be seen from the language Of the bin itself TINT # was 10 part
Of the intention OF the legislature to grant the college any money at 90 um
tl certain abuses cxlstlBgundcF the present management as reported by the
IcOmmIttec which investigated the affairs Of that Institution, should be
Vmcdlcd 10 the manner pointed out In the bin; and the auditor was mol.
authorized to issue any warrant on account Of the institution uutl he had
received documentary evidence that the reforms specified had been carried
Tout The latter part Of section 90 OF the state constitution reads as follows.
Legislation shall not be engafted on appropriation bills but the same
may prescribe the conditions on which the money may be drawn, and for
what purpose
"Now, close consideration Of this sentence would seem to show that
the latter clause Of II was designed to modify the prohibition against aTz-
ing legislation to appropriation bills insofar as the conditions upon which
the appropriation should become available are concerned. The use of the
word engutted' would seem TO imply that the prohibition was directed to-
ward the prevention Of any legislation In appropriation bills save such as
might be strictly pertinent to the purposes and objects for which such APP
preparations are to be made. In other words u was the aim Of the trainers
OF the constitution to prevent the passage Of obnoxious legislation as
riders TO important appropriation bills with the subject matter u which
they had no proper connection. The term 'eHgrafGd' conveys the idea Of
to which u might be attached. This IL appears to ms, would be the logical
construction OF the first clause Of the sentence quoted above, while the lat
ter clause appears to make q specific exception Of such things as are germane
to the object for which The appropriation IS 10 be made When we consider
the fact that the act Of approprIatlng money for any purpose is ia itself leg
slatlon, this point should be clear But The same may prescribe conditions
on which the money may be drawn, and for what purpose There seems to
he NO limit to tho conditions which the Legislature may prescribe % make
The money appropriated actually available. As the power of the legislature
To make conditions for the payment of money appropriated Is no, limited
and as the legislature could hardly impose any condition 10 an approDrIa.
ton bill without modifying, cnlargIng annuIlng, or IN some other way
changing existing laws the right to prescribe conditions would be a farce
70 did not carry with 10 the right 10 change existing legislation; and apv
change In existing laws Is practical legislation,
we believe there IS nothing In the constitution which makes 10 com.
pusUty on the legislature to appropriate money for the support Of the girls
college: It, sa matter entirely within the discretion Of the lawmakers
And Ia considering the appropriation and the conditions under which uI
should become available, thelcghators we're not at the mercy of his excel
for section 30 of the constitution authorizes them to consider mpro-I
Driation and revenue bills whether the governor sees M TO recommend them
Dr. not Then, as section so couiCr authority to prescribe the condtlonsI
IN which the money may be drawn, II seems to US a pretty clear ease of te|
right of the legislature to not only prescribe conditions by legislative cnaet-I
but they might have changed al the rules made under the act Of l8slI
without violating the spirit OF the constitution,
but let's look at the case from stnl another point Of view. All theI
conditions prescribed are apparently for the guidance Of the auditor In fix
ng the time when and circumstances under which the appropriation was toll
become available aud he might lawfully issue his warrants against IT, Untn|
such time and circumstances should Justify 1t, there would be no legal a-I
1uprtation Of money for the girls college Insofar as the trustees of the
Institute were concerned they could secure the appropriation for the school
" they could let IL aonci the matter WINS optional with them. But insofar
IS the auditor was concerned, there was q plain instruction to issue no warI
ant until the trustees Of the girls school should have exercised their power
o make certain reforms without which the legislature did not consider thcI
Institution worthy Of government support
"it was to the auditor that the ]pohibitiyc provision Of the bill was
lrectedi and We Imagine that the right Of the Legislature to prescribe the
Conditions on which That oHCcr may issue his warrant will hardly be guc@
Toned. Carthage Corthaglnun. /