The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-02-04


Il Center county, affirming the
constitutionality of Cover
nor Stones recent $1,000, 900 veto of the
last state school appropriation estab-
fishes that a new and important prn-
ciple in law has been laid down.
When the legislature two years ago,
disregarding the governors admoni-
ton, appropriated more money for the
commemorative current expenses than
could be paid out of the current reve-
nues, the governor, in exercise of the
veto power. crossed $1,0O00O0 out of the
$11, 100000 biennial school appropriation.
The action was sharply criticized but,
in the first full test in court, is now
sustained on several grounds.
Article ill.,, section 3, Of the constitu-
ton of Pennsylvania provides that
"No bill, except general appropriation
bills, shall be passed containing more
than one subject, which shall be clear
ly expressed in its title" Section Is
of same article provides that "the gen.
eral appropriation bill shall embrace
nothing but appropriations for the Or
dnary expenses of the executive, leg
islative and judicial departments of
the commonwealth, interest on the pub
lie debt, and for public schools. All
other appropriations shall be made by
separate bills, each embracing but one
subject" Section 15 of article iv. OF
the constitution directs that every bill
shall be presented to the governor for
his approval or disapproval, and con-
fers the power of veto. Section 16 OF
article iv. provides that "the governor
shall have power to disapprove of any
item or items of any bill making ap-
propriations Of money embracing dis
tlnct items, and the part or parts of
the bill approved shall be the law
and the item or items of appropria-
tion disapproved shall be void, unless
repassed according to the rules and
limitations prescribed for the passage
Of other bills over the executive veto"
Article X. and section l of the consti-
tuition provides that "the general as
sembly shall provide for the mainten-
ance and support OF thorough and
efficient system Of public schools
wherein all the children of this COM
monwealth above the age of 6 years
may be educated, and shall appropri-
ate at least s1,0OO0O0 each year for that
purpose" Article iX., section OF the
| constitution provides that mo debt
shall be created by or on behalf of the
state except to supply casual deficien-
cies or revenue, repel invasion, sup
press insurrection, defend the state in
war, or to pay existing debts, and the
debt created to supply deficiencies in
| revenue shall never exceed in the ag-
gregate at any one time s1,0OO,OOO."
Judge Love holds that the foregoing
| expressions of the constitution clear
| ly indicate the intent of the fran
ers thereof to carefully guard the state
treasury and credit; and he considers
| that the veto power was conferred up-
on the governor, among other purposes,
to aid in the accomplishment of this
purpose. But what is the meaning Of
the word 'item," as used in section l6
of article iv? In the absence of judicial
precedent to guide, Judge Love rules
that 1t is used anonymously with the
word part" in the same section. He
says:
Part Is a piece or portion taken from The
| whole. The part or parts OF the bill approved
shall be law, and the part or parts dsapproyed
shall be void. To hold that the power giyer
Is only that of disappearing a single item a
| paragraph or section Of the bill in its entirety
| would defeat the very purpose for which the
1.rtNsa sa N1,n h,
| stitution to further the cause OF education ant
to aid charitable and benevolent institutions, Sc
far as the revenues Of the state will reasonably
warrant, and oil appropriation bills, except the
general appropriation bill, shall embrace but
one subject-and the general bill is limited u
appropriations for the ordinary expenses of tn,
executive, legislative and judicial department.
| OF the commonwealth, interest on public deb
and for public schools. Now il the power @
disapproval In the said section Is to be limiteS
to a single item in its entirety then, II the leg
islsture make extravagant appropriations to stat,
hospitals, to educational institutions in a lumr
sum and not itemized and which may not IN
necessary for their efficiently accomplishing thei
work or purpose, and the appropriations in tn
aggregate far exceed the revenue of the state
and would cause q current Indebtedness, largel,
In excess OF sl.000.000, the executive is help
less, unless he strike down the whole appro
priation made TO some OF the institutions, an,
thus cripple or practically destroy their pur
pose ard usefulness, while Others, no more de
serving may receive more than Is Necessary 70