The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-04-24

of the dictionaries in this connec-
ton. The general idea conveyed by
the word is well understood, and WIN
that In our minds the precise meaning
IN the constitution is shown by the
context to be the particulars: the de-
tails, the distinct and sevorablc parts
Of the approprat tion.' And: "EVery
approximation. though " be FOR n sin-
gle purpose, necessarily presents Two
considerations almost equally mater
iaI; namely. dhc subject and the
amount. The subject may be approved
on it's merits. and yet the amount dls-
approved as out of proportion TO inc
requirements of tho case, or as peHonu
the pr,,dent Use Of the states income
The legislature has fun control OF the
arpropriation in both It's aspects ana
the plain intent of the constitution
was to give the governor the same
control as To- disapproNal over each
subject and each amount. y contrary
construction would destroy the use1ul-
ness of the constitutional proNlsinli
If the legislature by putting purpose
subject and amount inseparahly to-
gether and calling them an item can
coercc the governor to approve the
whole or none. then the old evll Is
revived which this section was III
tended ,o destroy.
The opinion of the court by MI
Justice Mitchell traverscd another
tat n
| tuition i'm section ! of article y, says
| that the legislature shall appropriate
nt least 81 100000 each year for the
support of public schools, while IN Sec
| tion 4 of article iX, ii limits to Sl'ooo'-
600 the debt of the state created To
surpplv deficiencies in revenue. sup
Rose" says the court, "the legislature
| should appropriate a sum 1or sciloo'
PURPOSES exceeding by more than a
million dollars the entire revenue ol
the state. II would be the governors
| duty to veto il to prevent the creation
of n prohibited debt And even IL the
appropriation for schools was only the
constitutional million dollars, yet II
| that would increase az already eNlSt'
| ing debt from deficiency OF revenue ne
yond the prohibited limit, there Wo"l'
at once be an inevitable conflict be'
tween two express provisions of thf
constitutions and il would become the
governors duty to exercise his leSls
lative Judgment, which was OF the les
ser Importance, and should give way.
While this is the first time that the
question of fractional veto has arlsei
for judicial determination, the cour
notes number of examples OF Netoes
since the present constitution wen
into force, by Governor Pattison, II
both his terms. Governor Beaver ant
Governor Hastings, of parts OF appro
rriation bills, and says that While non
of these instances was exactly ilk
the present as to details, they al
resi- Oh the same principle, the flSil
of the governor III the exercise oi III
jndependent legislative Judgment t
approve an appropriation in part, D.
reducing the amount fixed by IN
legislature. AS to that prliclpic, VI
executive practice must be considcre
"A w
pretation of his own powers Is no
binding on the judiciary. it has AWAY
been considered as persuasive ana ell
titled to great respect. And Whefe' d
in this instance, the practice has pee
freuuent and acquesced in Withou
objection for a number of years,
should be very clearly shown to II
unconstitutional to justify the court
; in declaring against it,
In other words, passing from tn
technical points to the common sens
of this general question, the people
in electing Il president, a governor {
a city mayor or recorder, look to MI
: to guide the craft of government. |
a legislature responsibility is divide
and frequently lost to view. But tt
, executive is always in sight and poWt
in his hands is where the people ca
!, watch it's use. We expect that tn
same general line of thought, so cleal
" in the ascendancy in all brancht
I, of representative government, will al
rear in the Supreme courts decisio
, upon the ripper bill, which strong
/, centraliHes executive authority in II
second class municipalities of the con
: monWcdlth.
, The action of .Aguinaldo will pro-
:. ably make it necessary for the ant
IN .ldNprtiSC for Issue,