The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-02-22
AS TO LEGISLATIVE POWER.

The pending proposition TO appropriate
10000 for the erection or purchase Of u
Governors residence raises a question as
appropriation for that purpose. 1t is an
established rule that public money may
only be appropriated for necessary ana
legitimate purposes of government, or. as
the Constitution of the United States pro-
vides. ito promote the general welfare"
1t has been held repeatedly that City coun-
cils may not make appr opriations for OF
jects outside of the sphere of municipal
government. No person would maintain
that the City Council OF indianapolis could
appropriate money for the erection or pur-
chase os a residence for the Mayor.
The Constitution is so sacred and binding
that II Is always worth while to keep as far
as possible from violating either its letter
or spirit. 1t does not contain any express
grant of power to the Legislature to pro-
vide a house for the Governor; does IL
contain any implied grant to that effect2
1t says: 1.-THE legislative authority of the
State shall. he vested in the General Assem-
bly," Legislative authority is power 10
make laws. including those for raising
revenue and disbursing money. These mus,
be for legitimate purposes of government.
The Constitution provides for the election
of a Governor and for paying him a salary
to be fixed by the Legislature. 1t evidently
contemplated that his salary, as fixed by
the Legislature, should constitute his entire
compensation. 1t is significant that, while
the Constitution confers no express or inn
piled power on the Legislature to provide a
residence for the Governor. it makes pro-
vision for the deal and dumb and the blind
obligatory. 1t says: ut shall be the duty
CT the General Assembly to provide, by
law. for the support of institutions for the
education of the deaf and dumb, and of
the blind: and also for the treatment of
the insane" 1t may be that the State
should provide for the Governor a residence
in ADDITION to his salary, because ne is re-
quired to reside at the capital; yet the
same section of the Constitution that re-
quires the Governor to reside at the cap
ltal also requires the secretary. auditor
LII utdSuIeE VI otdte 10 40 So Livery
argument in favor OF providing a residence
for the Governor applies equally to the
other state officers. There is no constitu.
tional authority for such action in any
case, unless ii be an implied authority for
the Legislature to do what ii pleases. The
spirit of the Constitution is against creating
privileged classes of individuals. 1t says:
1.-The General Assembly shall not grant
to any citizen privileges or immunities
which. upon the same TERMS, shall no.
equally belong to- all citizens The Gov
ernor of Indiana is a citizen before his
election and none the less so afterward.
TIC give him a costly residence I'm addition
to his Stated salary fixed by law'' is equiv
aient to granting a privilege which can
only belong to one citizen at a time, and
to less than a dozen in the course of a
generation. The mere fact that the people
honor a citizen by electing him Governor
immunity outside of those which the Con-
stitution attaches to the office. This in
Guides a salary, but not a residence. Whetl,-
er this point is we'll taken or not, there Is
enough In it to sugges. that the best way
for the Legislature to make more liberal.
provision for the Governor is by a straight
increase of salary, such as the Constitution
provides for.