Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1900-02-09
APPROPRIATION
OPINION

lowing is the opinion as corrected by
Mr.. Cooper:
Department of the Attorney General,
Honolulu, II. l., Jan. 80, 1900.
To the Executive Council:-I submit
herewith my opinion in regard to
questions arising under the appropria-
ton bills.
First. as to the appropriation for sal
aries and pay rolls: There seems to
be no difficulty in arriving at a conClu-
sion on this question. Sections ) and
6 of Article SO of the Constitution pro-
vide that the appropriation bill for
salaries and pay roll shall remain a
permanent one until stricken out or
amended, and, further. that the appro-
priation bill passed the Goth day of
April 1894, shall continue in force
subject only to amendment by the
Legislature. The appropriation bill.
therefore. of 1894, as amended by Act
90 in the Session Laws of 1895 re-
mains the permanent appropriation
bill for salaries and pay rolls for the
present biennial period until further
amended by e Legislature.
CURRENT EXPENSES.
The questions arising under the APP
present more difficult features. Sec
ton of Article 60 in the Constitution
provides that in case of n failure OF
the Legislature to pass appropriation
bills providing for payments of the
necessary current expenses of carrying
on the Government and meeting its le-
gal obligations, the Minister of FL
nance may. with the advice of the
ments for and during the new biennial
period. for which purposes the sums
appropriated in the last appropriation
bill shall be deemed to have been re-
appropriated.
Section 3 of Act IS of the Session |
Laws of 1898 provides that it shall be |
lawful for the Minister of Finance to |
continue to make payments in accord |
ance with the appropriation authorized |
by this Act. until the 3lst day of |
March, 4. d. 1900, and thereafter at |
the same rate until new appropriations |
are made.
This section, construed with Section |
4 of Article 90 of the Constitution, |
am of the opinion, authorizes eXpend- |
lures of all amounts mentioned in the |
appropriation bill necessary for the |
current expenses of carrying on the
Government.
PRO-RATA QUESTION.
| am of the opinion that it does not
| re-enaCt items passed for specific pur-
poses which have been completely eX-
pended. | am also of the opinion that
| for the first three months of the pres
ent year, or until the 31st day of
| March, 1900, the provision as to pro-
rata does not apply; but after that date
a pro-rata date is fixed by Section 3
| of Act IS The word thereafter" in
| this section must, however be con-
trolled by the provision of the Consti-
tuition making the appropriation bill
for current account practically bien-
NAL appropriation. For this reason, If |
a Department during the first three |
months of this year should eXpend |
more than pro-rata, it would there
after be limited to pro-rata of the
remainder of the appropriation for the
ensuing twenty-One months of the be-
riOd. For instance, the appropriation
for roads and bridges in Honolulu is
Sl00,00000. If the Minister of the In
terror during the first three months of
the year, should eXpend 1926, OOOCO from
ing twenty-one months be entitled To
One-twenty first part of the $75,0L0.OO
TO the end Of the period.
THE AUDIT ACT
.Aot 80. Session Laws of 1898, Great
ing an Auditor Generals Department,
contains the following section
Section rs. Unless otherwise pro
y.ded by law, all sums of money which
shall be appropriated to the public SER
vice for any biennial period, and which
shall not be expended during such ne
riOd, shall lapse, and shall not be is
sued or applied in any future biennial
period to the particular service for
which the appropriation shall have
been made, unless a contract or tn
gagement shall have been made and
into before the expiration of
such biennial period by witch labil-
ity so to issue or apply the same shall
nave been incurred, and certified
copy of which contract or engagement
shall have been deposited vita he Au-
ditOr General"
The question arises as to where a | |
contract has been entered into but not
until after the enl of the
period, whether or not a reservation
of the funds in the Treasury can be
made for the payment of Sums becom-
ing due under the contract?
| answer this question in the mega
tive.
LEGAL INTERPRETATION.
Act IS, standing Ivy itself, provides
for appropriations for departmental
use of the Government during the two
years which will end on the 3lst day
of December in the year 1893. There
was no authority whatever for the ex-
penditure of any of the moneys appro-
priated by this Act, for work done or
materials furnished that cannot be
paid for before the 3lst day of Deem
Der, 1899. | am of the opinion that