The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-03
EXPENSES OF THE CAMP.
They Can Be Drawn from the General
Treasury of the state.

The question of raising funds for the
maintenance of Camp Mount is no longer
a question. 1t has been settled by an opin-
ion from Attorney General Ketcham in
which he holds that the money for the eX-
pense may be drawn from the general treas
ury. The advice will be followed and after
the appropriation is exhausted, warrants
will be drawn in favor of the Governor di-
rectly against the general funds of the State
treasury. This question worried Governor
Mount considerably and he had come to the
conclusion that he would have to make a
personal loan for the amount of money
nee essary and rely upon the next General
Assembly to reimburse him. The opinion
of the attorney general is as follows:
The question submitted is one of very
great Importance. The Constitution of this
State, Artical Y, Section 3, provides that:
NO money shall be drawn from the treasury
but in pursuance of appropriations made by
law
specific appropriation of any specific sum
of money to meet the exigency with which
the State government is now confronted;
AS a condition precedent to the withdrawal
of money from the treasury, there must be
an appropriation by the General Assembly.
1t alone has the control of the purse. So
careful is the Constitution upon this sub
ject that it has been held that: An appro-
priation cannot be made by joint resolution,
nor can the auditor of State issue a war
rant for money 50 appropriated (May VS..
Rice Auditor, 81 Ind, 546.)
THE Constitution, however, does not re-
ouire that in every instance there should be
a specific appropriation to a specific in
dividual for a specific amount. An appro-
priation of public moneys may be made
without designating the act as an appro-
priation act.
"Ristine VS.. The State, ex rel, etc., 20
I'm Henderson, auditor, VS.. The Board,
otto 100 Ind 90 following BOARD VS.. Whitta-
ker. 81 Ind, 297, and Campbell vS.T Board,
rs Ind, 591, it was held that the act proV1d-
ing for the erection OF the state soldiers
tain duties to be performed by the officers
therein specified, constituted a sufficient APP
preparation for the incidental expenses con-
nected with the construction of the monu-
ment, and in Carr, auditor, ct al. VS.. The
State. ex rel, Coetiosquet, 12T Ind, 204, it
was said, at Page 209:
cause no claim can be enforced where there
is no appropriation, the appropriation must
be made in the particular form or in eX-
press terms. 1t is sufficient If the intention
10 make the appropriation is clearly evinced
by the language employed In the statutes
upon the subject. or if it is evident that no
effect can possibly be given to d statute I'M
less it be construed as making the neces-
Sary appropriation.
'it becomes. therefore. important to ex-
anime the act of 1895, for the purpose of
ascertaining whether it contains sufficient
authority to yourself to draw your warrant
for the expenses OCCdSlOHGo ny CdlAh5 Out
the militia.
tia. approved March 3, 1895, (Acts OF 1898, r.
1l5). Section 7424. d 2. of the supplement to
Rurns's Revised Statutes of 1894, provides:
whenever any portion of the militia
shall be called into the service of the State
by the Governor in time of war . : . the
auditor of state shall draw his warrant on
the state treasurer in favor of the Gov
ernor. in payment for the services rendered
in accordance with the foregoing provisions
Of this section. and the treasurer OF state
shall paw the same out of any funds not
otherwise appropriated.
while the General Assembly OF this State
has been and ought to be jealousy careful
of the appropriation and expenditure of
moneys. II should not be construed as be-
ing unmindful OF the lessons of the past.
Ii is a matter of public history that serious
embarrassments had existed in previous
years, owing TO the failure of necessary
appropriation bills, and the Fifty-ninth Gem
eral Assembly. which enacted the section
under consideration had, within a few weeks
prior to the passage Of this particular law.
appropriated the sum Of $4S5l3.Q9 for de-
fraying the expenses of the legion in the
field durine the year 1894. and this appro-
priation was made necessary because Of the