The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1901-02-06
GOVERNORS VETO
IS SUSTAINED.
Centre County Court Blocks the
Game of the Insurgents.
POWERS OF THE EXECUTIVE,
In Reducing the Amount OF nm APP
propriation by the Legislature the
Governor Followed Constitutional
tectIng the Honor and Credit of
the Commonwealth.
fsrcclnl CorresnondcnceN

the Commonwealth.
Especial CorrespondonceO
Philadelphia, Feb. "a complete
endorsement of Governor stones action
in vetoing part of the appropriation for
the schools, when, in his opinion, the
revenues Of the commonwealth would
not justify the full appropriation made
by the legislature, was given last week
in decision by the court Of common
pleas of Centre county, Judge Lore on
the bench. Governor stones action
was based upon the estimated revenues
as furnished by the state officials, and
II was done to preserve the credit and
honor of the state. There was abso-
lutely no political interest TO serve.
In fact, had the governor been actuated
by desire to play politics he would
probably have approved the entire ap-
preparation.
The insurgent newspapers, with po-
litical axes to grind, have been assail-
ing Governor Stone from the moment
he cut down this appropriation. Tho
people have, however, become familiar
with the purposes of these attacks, and
they have done him no harm. Poll
ticians have sought TO stir up strife in
the school boards and have caused suits
to be instituted against the state au-
thorities with a view to continuing the
agitation.
An amicable arrangement was reach
ed by which the matter came up as n
test case before the Centre county
court.
This was on an application fer per-
emptory writ of mandamus upon James
f. Barnett, state treasurer, TO compel
him to pay to the school districts OF
Patton township its propor,ionaiescar
Of the money appropriated by the act
Of May 1S, 1899, for the support of the
public schools Of the commonwealth
for two years. commencing June l,
1899. upon the basis Of the wholeappro-
priation named in the bill. namely,
S11. 900. 200, an alternative writ having
been granted and issued and service
waived.
The petition of the plaintiff set forth
that the 18th day Of May, A. d. 1899,
the governor approved the general ap-
preparation act for that session, with
such exceptions as are therein ce5ls-
mated. The section of the said bill
contains the appropriation for the sup
port of the public schools of this COM
monwealth for the two years commenc-
ing on the first day Of June. 1899, the
sum OF s1l 100000, to be paid on war
rants of the superintendent Of public
instruction, in favor of the several
school districts of the commonwealth.
The act was passed by beth branches
Of the legislature making an appro-
priation in a total sum Of S11,000000
for two years. The governor, when
the same was presented to him for his
approval or disapproval. because Of the
depleted condition Of the treasury, ap-
proved the appropriation to the extent
of s1Q00O,OOO, and disapproved Of
81 ,000, 900 thereof. The school district
of Patton township, believing that ii
was entitled to its proportionate share
of the one million dollars disgpproyed
by the governor, applied to the state
treasurer to have him notify the super
intendent Of public instruction that
there were sufficient funds in the treas
ury to pay the amount claimed by them
under said appropriation.
The state treasurer declined to do
so. on the ground that, the governor
having disapproved one million of the
| total appropriation, there was no war
rant in law authorizing the payment
of the same. The said school district
had complied with the provisions OF
the school laws; that it was entitled
to receive the appropriation. The
plaintiff school district presented III
petition to the attorney general of the
commonwealth. asking leave to usC
the name of the commonwealth in it'
proceedings for mandamus, and tina
ii might be instituted in the court o
common pleas OF Centre county.
was granted, and the state treasure
notified of the presentation Of the ap
plication. and ne consented that tn
proceedings should be had before tn
court Of Centre county. The answe
filed admitted the material facts Sc
forth in the petition. An agreemen
was filed in the case that the caus
should be heard on bill and .answe
ana tnaC All questions Is 70 Jurisulc
ton or other technical defenses b
waived.
THE GOVERNORS POWER.
The only question raised was as t
the power and authority Of the COVER
nor to disapprove of one million dol
lars of said appropriation Of eleven mil
lions.
After reviewing the circumstances c
the case Judge Lore, in his opinion
commented at length upon the prov
sions OF the constitution bearing upo
the powers OF the governor and th
legislature, all of which, he state
went to show the intent and purpose
the trainers OF the constitution
Carefully guard and protect the trea'
! ury of the state as well as its credit
! After further quotations from the col
, stitution and references to the vel
/ power of the president Of the Unite
r States, Judge Lore continuing said:
TO PREVENT ENCOURAGEMENT.
|, "In our form of government the ful
/ damental purpose of the veto pow
I was to enable the executive, by the e,
: ercise thereof, to prevent the legisli
D tive department from encroaching upC
: the constitutional rights and power
! the executive department of the go
ernment. Second, to enable the e.
p ecutive as a member of the leeislati'
$ department to prevent legislation ,
G the improvident and extrayagant legi
q lation in the appropriation of publ
moneys. The said section of artic
4 of the constitution was inserted mo-
awRragc1v To h1a ha tf